logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2015.08.20 2014나2021753
총회결의무효확인 등
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

1. Purport of the claim.

Reasons

1. Basic facts

A. The Plaintiffs and BF’s related Plaintiffs and BF are sectional owners of the building “BE” (hereinafter “instant building”) located in Seongdong-gu Seoul Metropolitan Government (hereinafter “instant building”), which is a sales and business facility of the fourth and nine floors above the ground, and BF owns a large number of divided stores, and the remaining sectional owners, including the Plaintiffs, are sectional right holders of the lawsuit.

(hereinafter referred to as “small equity right holders”). (b)

1) The sectional owners of the instant building may continue dispute between BF and the right holders of the instant building, on March 11, 2003, when the sectional owners of the instant building continued to dispute the management and operation methods of the instant building, and the Defendant BE Management and Operation Council (hereinafter “Defendant Council”) with all sectional owners as members on March 11, 2003.

(1) The inaugural general meeting of this case (hereinafter referred to as “instant inaugural general meeting”)

(2) At the inaugural general meeting of this case, a resolution was adopted to enact the rules of the Defendant Council. Article 24 of the said rules provides that, in order to coordinate interests of the BF and the right holders of the lawsuit at the meeting of this case, one chairperson and one auditor designated by the right holder of the Defendant Council and one chairperson and one auditor elected by the general meeting of shareholders of the right holder of the lawsuit at the meeting.

(hereinafter referred to as the “instant rules”). C.

On March 3, 2005, the Defendant Council for Appointment of Manager held a general meeting on 71st, among the 210 sectional owners, elected BF and BH as the president of the right holder of the lawsuit, from among 130 sectional owners, who received 71st of the 130 members present at the general meeting. The president of the right holder of the majority share without voting procedure elected BF and BH as the co-manager of the Defendant Council by selecting BF as the method of accepting it.

(hereinafter “instant resolution”). D.

When 56 persons, including Plaintiff A, etc., filed an application for the provisional disposition of suspending the performance of their duties against BF on January 21, 2013, the Seoul Eastern District Court 2013Kahap110, the above court shall be the entire on April 3, 2013.

arrow