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(영문) 수원지방법원 2018.11.21 2018가합14987
관리단집회결의무효확인 등
Text

1. Of the instant lawsuit, the Defendant’s instant lawsuit on February 2, 2018 stipulated in attached Table 1 at the temporary management body meeting.

Reasons

Basic Facts

The defendant is a management body under the Act on the Ownership and Management of Aggregate Buildings (hereinafter referred to as the "Aggregate Buildings Act") composed of sectional owners of Suwon-si B (hereinafter referred to as the "instant building"), and the plaintiff was elected from the management body meeting of the defendant on August 9, 2012 as the manager at the management body of the defendant.

C and 105 sectional owners of the instant building, including C, demanded on November 8, 2017, the Plaintiff to convene a temporary management body meeting, the purpose of which is the removal of the Plaintiff, the manager, and the appointment of the successor manager. However, the Plaintiff did not comply with such demand.

The above sectional owners applied for permission to convene a temporary meeting of the Suwon District Court No. 2017 non-conforming1060. On December 7, 2017, the Suwon District Court accepted the above application and approved the convening of a temporary meeting of the management body to resolve the above purpose.

Accordingly, C notified the sectional owners of the instant building of the intention to hold a temporary management body meeting on February 2, 2018 in the name of "Seoul-si B 101 Dong 2304, Dongwon-si B 2304".

On February 2, 2018, the Defendant opened a temporary management body meeting (hereinafter “instant meeting”) to dismiss the Plaintiff from the manager, and made a resolution to appoint D as the manager of the instant building (hereinafter “instant resolution”).

On July 27, 2018, D notified the sectional owners of the instant building that the temporary management body meeting will be held on August 27, 2018, to deliberate on the following: (a) the cases of confirming the removal or dismissal of the Plaintiff of the previous manager, and the cases of confirming the appointment or appointment of the current manager D.

On August 27, 2018, the Defendant opened a temporary management body meeting (hereinafter referred to as “instant meeting”) and passed a resolution to approve all the said agenda (hereinafter referred to as “the follow-up resolution”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, 6 through 11, 13, Eul evidence Nos. 1 through 10, 12.

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