Text
1. It is confirmed that the Defendant’s resolution on the division management promotion of B apartment conducted from May 9, 2016 to May 15, 2016 is null and void.
Reasons
1. Basic facts
A. The defendant is a non-corporate group consisting of representatives from each building of the apartment apartment B (41 Dong, 3,028 households, hereinafter "the apartment of this case") in Seongbuk-gu, Sungnam-si, and the plaintiff is an occupant of the apartment of this case.
B. Resolution and announcement 1) The instant apartment complex is an apartment complex completed by the project implementation authorization jointly with the Daelim Industrial Co., Ltd., west Construction Co., Ltd., Dolla Construction Co., Ltd., 33 Construction Co., Ltd., and the Defendant and the managing body have jointly managed the entire apartment complex. 2) On April 5, 2016, the Defendant decided on the instant apartment complex on April 5, 2016, and announced the details of the instant resolution on April 6, 2016, and notified the occupants of the said implementation proposal.
3) On April 18, 2016, a public announcement that, under the name of the chairperson of the instant apartment management committee, the procedures for written consent of residents would proceed with the “distinct management plan by four construction companies” for seven days from May 9, 2016 to May 15, 2016 under the name of the chairperson of the instant apartment management committee (hereinafter “instant public announcement”).
(C) On May 16, 2016, including written consent on divided management, on May 16, 2016, 2016, “2,67 households (88.1%) among the 3,028 households of the instant apartment complex participated in the written consent procedure, and 1,60 households (52.8%) agreed to separate management among them (hereinafter referred to as “instant resolution”). The aforementioned written consent result is referred to as “the instant resolution”).
(D) On May 17, 2016, the Defendant publicly announced that the instant apartment was determined by the instant resolution to separately manage the instant apartment by four construction companies. The content of the Enforcement Decree of the Housing Act, the Enforcement Rule of the Housing Act, and the instant apartment management rules are as shown in the attached Table. [Grounds for Recognition] There is no dispute, and Party A’s evidence Nos. 1 through 4 (including the serial number; hereinafter the same shall apply)
. B.