(영문) 의정부지방법원고양지원 2015.07.01 2014가단70989

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원고양지원 2015.07.01 2014가단70989

관리비

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is an organization established with owners and occupants for the purpose of management of “A” located in P, an aggregate building, as an aggregate building, and the Defendant is the owner of the instant building 101.

B. The Plaintiff’s management rules stipulate as follows.

Article 24 (Shares in Right to Speaking) The ratio of shares of the resolution on the agenda for resolution on the agenda shall be as one vote per store, while the ratio of the resolution shall be between 30 and 70, and 2; the ratio of the resolution shall be between 70 and 150, in the case of not less than 30, and 150, in the case of 3

Article 25 (Resolution of Meeting) The resolution of a meeting shall be dealt with by a resolution on agenda with the attendance of a majority of the shares and the affirmative vote of at least 2/3 of the shares present.

(2) The meeting of occupants shall consist of one representative of commercial buildings elected at the meeting of occupants, three directors, and one auditor among directors. 5) The composition and resolution of the meeting of occupants shall be made with the attendance of a majority of occupants and with the concurrent vote of two-thirds of the shares in attendance.

C. The size and owner of the section for exclusive use by each unit of the instant building is as shown in the attached Table.

[Ground of recognition] Evidence No. 7, Evidence No. 2, and the purport of the whole pleading

2. As to the plaintiff's lawsuit of this case seeking the payment of management expenses against the defendant for the determination of this safety defense, the defendant asserts that it is unlawful as a lawsuit filed by a non-representative person.

In full view of the purport of the argument in the above-mentioned management rules, the representative of the plaintiff shall be elected with the attendance of a majority of the voting rights and with the consent of at least 2/3 of the voting rights present, and with the voting rights per unit, one vote per unit, and with respect to a room of at least 30 but less than 70 square meters according to the area of the section for exclusive use, if the area of the section for exclusive use is at least 30 square meters, 2, 3, and 4, for a room of at least 150 square meters.

Therefore, the number of voting rights by each unit of the building of this case is as follows.

A heading room.

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