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(영문) 수원지방법원성남지원 2017.05.02 2016가합1270
관리인선임결의무효확인의 소
Text

1. We affirm that the Defendant’s resolution to appoint an administrator at the management body meeting on October 31, 2015 is null and void.

2. The costs of lawsuit;

Reasons

Basic Facts

The Plaintiff (Appointed Party; hereinafter referred to as the “Plaintiff”) is a sectional owner of 1710 units B, Dong-gu, Sungnam-si (hereinafter referred to as the “instant aggregate building”) and the Selection E is a sectional owner of 3140 units B, Dong-gu, Sungnam-si (hereinafter referred to as the “instant aggregate building”), who was approved on June 15, 2015.

The defendant is a managing body of the instant condominium building established automatically pursuant to Article 23 of the Act on the Ownership and Management of Aggregate Buildings (hereinafter referred to as the "Aggregate Buildings Act"). The defendant's intervenor C is a sectional owner under Article 803 of the same building B and the defendant's intervenor D is a co-owner under Article 410 of the same building C and 410.

F’s notice of convening the temporary management body meeting of this case

1. Date and time of convening an assembly: Saturdays 17:0 on October 31, 2015;

2. Place of assembly: The third floor parking lot of the aggregate building in this case; and

3. Persons eligible for attendance: Each sectional owner (one representative for co-owner) or possessor;

4. A bill referred to in subparagraph 1 of the agenda for an assembly: An integrated manager and an integrated management group (four integrated management units) organization.

5. Application for registration of an integrated candidate.

(a) Period: From October 26, 2015 to October 27, 2015;

(b) Place: Management office in the aggregate building of this case;

(c) Documents to be submitted: One resume and reference of identification cards;

(d) Other matters are referred to in the Act on the Ownership and Management of Aggregated Buildings and Article 53 of the Management Rules.

6. Selection method: On October 21, 2015, the F, which shares Cdong 410 with the Defendant’s Intervenor D with the consent of more than a majority of the total sectional owners and voting rights, convened an extraordinary management body meeting for the appointment, etc. of the initial manager of the instant aggregate building (hereinafter “instant management body meeting”) on behalf of 364 sectional owners of the instant aggregate building, and notified sectional owners of the convocation of the meeting as follows:

According to the above notification, six persons, including the Defendant joining the Defendant, registered as a candidate for the administrator.

The holding of the management body meeting of this case and this case.

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