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(영문) 부산지방법원 2016.10.05 2015가합5036
임시총회결의 무효확인
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The Defendant is a management body consisting of all sectional owners of the Busan Dongdong-gu J building (hereinafter “instant commercial building”), and the Plaintiff is a sectional owner of the instant commercial building.

B. 1) The Defendant holds an inaugural general meeting on August 14, 2009 (hereinafter “instant inaugural general meeting”).

(2) At the time of holding the inaugural general meeting of this case, a resolution was made to delegate the resolution and management rules to the representative committee to be elected by the president of the KR as a total of 92 members of the 108 sectional owners (39 members of the 108 sectional owners, 53 members of the 5% of the 19.01% of the 19.01% of the 19.) and the consent of all members of the 108 sectional owners (the sectional owners). (2) At the time of holding the 108 inaugural general meeting of this case, the 87 sectional owners delegated the resolution to the committee elected at the above inaugural general meeting, such as the election of the representative and management members of the 30th general meeting, and the enactment of the regulations, and submitted a letter of delegation to

3) The committee for the representative of commercial building management elected at the above inaugural general meeting shall be the management rules of the commercial building of this case (hereinafter “instant regulations”).

(c) The enactment and enforcement of the Act on August 15, 2009. The Defendant held the second special meeting on November 6, 2012 and constituted the second commercial management committee consisting of L as the president of the representative committee. The term of office of the representative committee of the second commercial management committee and each representative member was expired on November 6, 2014. D. C, D, F, E, G, M, and N (hereinafter referred to as “emergency management committee”).

On December 13, 2014, an extraordinary general meeting stating that “The second shopping management body does not have a representative committee at the present time due to the expiration of the term of office, so the third shopping management body’s representative committee is to be elected as soon as possible from December 29, 2014 to convene an extraordinary general meeting from 14:00 p.m. to 14:00 p.m.

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