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(영문) 서울고등법원 2019.02.13 2018나2022877
임시관리단집회결의취소등청구의소
Text

1. The plaintiff's appeal is all 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. Basic facts

A. The Plaintiff is a party. 1) The Plaintiff is an officetel B, which is an aggregate building of five underground floors and 18 stories above ground located in Mapo-gu Seoul Metropolitan Government D (hereinafter “instant officetel”).

(2) The Defendant is the management body of the instant officetel established by consisting of all sectional owners of an aggregate building pursuant to Article 23 of the Act on Ownership and Management of Condominium Buildings (hereinafter “the Act”).

B. The instant officetel was completed around August 2002, and around August 2002, and the instant officetel was completed, but the management rules have not been enacted, and F has actually performed the role of manager. F by F, G was appointed as manager at the Defendant’s general meeting held on July 18, 2016. However, some of the owners of the instant officetels filed an application for provisional disposition against G on the grounds of the defect in the above appointment resolution, seeking suspension of the performance of duties and appointment of acting manager, etc., against G on the ground of the instant officetel’s defect.

On December 15, 2016, the above court suspended G from performing its duties until the judgment on the merits case, such as revocation of the resolution to appoint a custodian, became final and conclusive. On January 2, 2017, the court made a decision to appoint an attorney H as an acting manager of the defendant.

C. The schedule and procedure of the general meeting of this case and the extraordinary general meeting for the appointment of administrator

1. Time of holding: By April 28, 2017;

2. To subsequently determine the venue (after a court decision for the date, time, and place);

3. Agenda;

(a) Removal of a custodian from G;

(b) Appointment of an administrator;

(c) Enactment of the management rules (the draft of the management rules shall be amended through the public perusal by sectional owners); (Provided, That the enactment of the management rules shall be accompanied by the consent of sectional owners up to 3/4 of sectional owners and up to 3/4 of voting rights pursuant to Article 29 of the Aggregate Buildings Act, and shall take effect when meeting the requirements);

4. Establishment of an election commission;

A. The election commission of the principal of this case is absent, and four election management members shall be appointed in accordance with the Seoul Special Metropolitan City standard regulations.

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