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(영문) 서울중앙지방법원 2017.11.09 2017가합504065
관리단총회결의무효확인등
Text

1. Of the instant lawsuit, a resolution of appointing G as auditor among the resolution of the special meeting of the management body held on January 7, 2016 by the Defendant.

Reasons

Basic Facts

The plaintiffs are part of the sectional owners of K, an aggregate building consisting of 15th and 19th underground floors in Seocho-gu Seoul, Seoul, and the defendant is a management body comprised of all sectional owners of the building of this case pursuant to Article 23 of the Act on the Ownership and Management of Aggregate Buildings (hereinafter "the Aggregate Buildings Act").

The Defendant held a special general meeting on January 7, 2016 (hereinafter “special general meeting as of January 7, 2016”) and resolved to appoint G as a general secretary and an auditor. The Defendant held a special general meeting as of February 12, 2016 (hereinafter “special meeting as of February 12, 2016”) and appointed H as a custodian, and passed a resolution to amend the management rules.

The contents of the defendant's management rules relating to this case are as follows:

Article 10 [Exercise of Voting Rights] (1) Voting rights shall be exercised for each sectional ownership, and a person who has several sectional ownership shall exercise the same voting rights, and shall exercise voting rights according to the share ratio of the section for exclusive use.

(2) Where one sectional ownership is jointly owned by at least two persons, one person who has exercised voting rights shall be appointed in advance, and the management authority shall notify the person with a certificate of personal seal impression attached thereto.

(3) A sectional owner may exercise his/her voting right in writing or by proxy, and shall notify the management authority in writing, along with a certificate of the delegating's personal seal impression.

Article 11 [Resolution] ① Except for specific matters, the number and method of resolution under the Aggregate Buildings Act and this Code shall be determined by the attendance of the majority of all sectional ownership and voting rights, with the consent of a majority of the voters, and when a resolution is made in writing in lieu of a general meeting, it shall be deemed as a member when the majority of the voters participate, and it shall be determined by the resolution when the consent of the majority

§ 17.

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