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(영문) 서울북부지방법원 2018.06.21 2017가합1886
임시총회결의부존재확인 등
Text

1. The instant lawsuit shall be dismissed.

2. The costs of the lawsuit shall be borne by the Plaintiff (Appointed Party).

Reasons

1. The Plaintiff (Appointed Party) asserted that: (a) ex officio 1) the instant lawsuit was lawful; (b) the Plaintiff (Appointed Party) did not take lawful procedures for the extraordinary general meeting held on January 16, 2016 and February 24, 2018 against Defendant 1; (c) the extraordinary general meeting held on August 31, 2016 is legitimate; (d) G who was appointed as the manager at the extraordinary general meeting held on August 31, 2016 is the valid manager; and (e) Defendant 2 and appointed at the same general meeting were lawfully entrusted with the management of the building. Meanwhile, the Plaintiff (Appointed Party)’s rights and interests were verified against Defendant 1 only on May 28, 2013 without undergoing lawful procedures of the management body’s general meeting; and (e) the Plaintiff’s interests were lawful and uneasy and effective at the Plaintiff’s general meeting.

(Supreme Court en banc Decision 96Da11747 delivered on October 16, 1997). However, since the Defendants fully acknowledged the Plaintiff’s assertion, the Defendants are not likely to cause anxiety and danger in the legal status of the appointed parties due to their dispute over the rights or legal relations of the Plaintiff (Appointed parties). Thus, the instant lawsuit is protected.

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