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(영문) 서울고등법원 2020.10.29 2020나2019904
건물명도(인도)
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The grounds for the judgment of the court of first instance, which cited the judgment of the court of first instance, are as follows; ① part of the judgment of the court of first instance is dismissed as follows; ② The ground for the judgment of the court of first instance, except where the judgment is added to the plaintiff's argument

(1) On November 28, 2018, Article 420 of the Civil Procedure Act (main sentence of Article 420 of the Civil Procedure Act) / [Attachment] Of the grounds of the judgment of the first instance, 5 / 3 / 6 / 8 : The following facts are acknowledged according to the overall purport of the entries and arguments as to whether E is a legitimate representative of the Plaintiff as follows:

(2) As F et al., the sectional owners of the instant building, filed a lawsuit with the Plaintiff, seeking the revocation of the resolution at the general meeting of Suwon District Court on November 28, 2018, the first instance court’s Ansan Branch 2019Gahap5939, supra, to confirm the invalidity of the resolution at the general meeting of the Plaintiff on November 28, 2018 (the second instance “related 1 civil lawsuit”).

(3) On November 7, 2019, the first instance court of the relevant civil lawsuit dismissed six primary claims, including F, on November 7, 2019, but sentenced to the revocation of the resolution of the general meeting on November 28, 2018 on the ground of procedural defects, and the Plaintiff appealed as heading 2019Na20593 of the Suwon High Court. On the other hand, E on behalf of the Plaintiff, on November 9, 2019, held the Plaintiff’s general meeting on behalf of the Plaintiff. On the other hand, the general meeting of shareholders held 255 out of the total 458 sectional owners of the building of the instant case, 3,99.67 square meters of total voting rights ( approximately 79.86% of total voting rights) and 4,89.3 square meters of total voting rights, and with consent of the majority above, the Plaintiff’s manager is the Plaintiff’s general meeting resolution on November 28, 2018.

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