logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2016.06.10 2016가합340
관리단 총회 결의 취소
Text

1. The Defendant’s general meeting of the management body on November 27, 2015 is the controlled entity of the building indicated in the attached real estate.

Reasons

1.The following facts shall not be disputed between the Parties:

The Plaintiff (Appointed Party, hereinafter only referred to as the “Plaintiff”) and the designated parties are sectional owners of the building indicated on the attached real estate (hereinafter referred to as the “instant building”), which is an aggregate building, and the ratio of the size of the section owned by the Plaintiff and the designated parties is about 61.2%. The Defendant is a management body organized automatically by consisting of all sectional owners of the instant building pursuant to Article 23 of the Act on Ownership and Management of Condominium Buildings (hereinafter referred to as the “Building Act”). Notwithstanding the opposition by the Plaintiff and the designated parties, at the instant management body meeting convened around November 27, 2015, a resolution was adopted to select the controlled entity of the instant building as C (representative D) with the consent of 22 of all sectional owners of the instant building (hereinafter referred to as the “resolution”).

2. According to Articles 37(1) and 12 of the Aggregate Buildings Act, each sectional owner’s voting right is in accordance with the ratio of the area of his section for exclusive use, unless otherwise stipulated by the regulations, and according to Article 38(1) of the same Act, the intent of the management body meeting shall be determined by the majority of the sectional owners and the majority of voting rights. According to the above facts of recognition, the resolution of this case does not meet the majority of voting rights among the above quorum because the resolution of this case did not meet the requirements of the majority of voting rights in the opposition of the plaintiffs and the designated parties holding 61.2% of voting rights. Thus, the resolution

Therefore, the plaintiff's assertion is justified.

If so, the claims of the plaintiff and the designated parties shall be accepted on the ground of the reasons, and it is so decided as per Disposition.

arrow