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(영문) 인천지방법원 2019.02.12 2018나52726
관리비
Text

1. Revocation of a judgment of the first instance;

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Judgment on the main defense of this case

A. The Defendant’s assertion is a management body organized for the management and operation of the original-gu building A (hereinafter “instant building”).

The Plaintiff’s lawsuit was filed by C, which was appointed as a manager at the management body meeting of July 12, 2016, and the management body meeting of July 12, 2016 was null and void. Thus, the instant lawsuit is also unlawful. Since D, which was appointed as the manager at the management body meeting of July 11, 2017 when the instant lawsuit was ratified, was also appointed by the management body meeting of July 11, 2017 when it was appointed as the Plaintiff’s manager, the instant lawsuit should be dismissed.

B. Whether the resolution of the general meeting was lawful on July 12, 2016: (i) the specific grounds for invalidation asserted by the Defendant; (ii) the possessor of the instant building at the time of the management body meeting held on July 12, 2016, cannot objectively identify who the sectional owner of the instant building at the time of the management body meeting; (iii) the possessor who submitted the power of attorney cannot verify whether the possessor is a lawful possessor; (iv) the possessor who was in existence of manager F, belongs to the absence of manager; (iii) the convocation notice was given by part of the sectional owner; and (iv) according to the management rules that the Defendant possessed, he did not follow the notice of convocation; and (iv) H who attended the management body meeting at the meeting of the management body and exercised voting

There is no evidence that the president is a tenant or a tenant, and ⑤ since the power of attorney submitted by I stated that the date of meeting is the “general meeting on July 15, 2016,” it is difficult to regard it as the power of attorney to the management body meeting held on July 12, 2016. ⑥ According to Article 15 of the Enforcement Decree of the Act on the Ownership and Management of Aggregate Buildings, an agent may not represent the majority, and thus I represent the majority, it is null and void. 7 The Speaker pro tempore asserts false facts and appoints a co-owner as the manager, and 8th the minutes of the management body meeting.

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