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(영문) 수원지방법원 안산지원 2018.05.03 2017가합5652
관리단 집회결의무효확인
Text

1. All of the instant lawsuits are dismissed.

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

Reasons

1. Basic facts

A. B (hereinafter “instant building”) is an aggregate building under the Act on the Ownership and Management of Aggregate Buildings composed of one underground floor, six above ground floor, a total of 402 sections for exclusive use, a total of 276 sectional owners, and a total of 276 members in Ansan-si Group E (hereinafter “the Act on the Ownership and Management of Aggregate Buildings”).

B. Pursuant to Article 23(1) of the Aggregate Buildings Act, the Defendant was established for the purpose of implementing the management of the building, its site and its accessory facilities by consisting of all sectional owners of the instant building.

C. On August 12, 2016, F and G notified the sectional owners of the instant building of the instant convocation of the instant assembly for resolution on the appointment of administrators and the appointment of executive officers of the management body. On August 28, 2016, the instant resolution was made at the instant assembly held on August 28, 2016.

At the time of the resolution of this case, the Plaintiff, as a sectional owner of the building of this case, was appointed as a manager, but as another candidate, C was appointed as a manager.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. The plaintiff's assertion ① the defect that G and F convened the meeting of this case without requesting the president of the council of occupants' representatives of the building of this case, ② the number of sectional owners present at the meeting of this case and the area of voting rights in relation to the resolution of this case on the agenda for the appointment of administrator; ② the defect in the resolution without clearly determining the quorum and the quorum, such as not reflecting the quorum and the quorum even though the notice of revoking delegation was submitted, ③ the person appointed as executive officer in relation to the resolution of this case on the agenda for the appointment of executive officers of the management body did not specifically specify the quorum and the quorum; ③ the person who is not eligible in accordance with the building management rules of this case.

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