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(영문) 인천지방법원 2016.10.11 2016가합51015
관리인선임결의무효확인의 소 외
Text

1. The Defendant confirms that all resolutions made at the management body meeting on June 18, 2013 are null and void.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Facts of recognition;

A. The Defendant is a management body under the Act on the Ownership and Management of Aggregate Buildings, which consists of all sectional owners of the building in Seo-gu Incheon Metropolitan City (hereinafter “instant building”), and the Plaintiff (appointed party; hereinafter “Plaintiff”) and the designated party are sectional owners of the instant building 201 among the instant building.

B. On June 18, 2013, D, E, and F were sectional owners of the instant building, and held a management body meeting of the instant building. A resolution was made to the effect that “management body” of the instant building is comprised of one representative (F), one representative (E), one representative from 2-8 to 9-11, and one representative (D) of the first floor; executive officers shall be the chairperson D, auditor E, and general secretary; the resolution on all agenda items shall be made with the consent of at least 2/3, and the term of office of executive officers shall be one year and may be renewed (hereinafter “resolution of this case”).

C. As of June 18, 2013, the current status of sectional owners of the instant building as of June 18, 2013 is as shown in the attached Table of sectional owners.

[Ground of recognition] Facts without dispute, entry of evidence Nos. 22, 27, and 28, the purport of the whole pleadings

2. Summary of the parties’ assertion

A. Plaintiff 1) The resolution of this case is not a resolution of the management committee, but a resolution of the management committee. Since there is no management rules that provide for the Defendant with respect to the resolution of the management committee, the resolution of this case is unlawful. 2) The remaining sectional owners except D, E, and F who attended the resolution of this case cannot be deemed to have exercised a legitimate voting right as to the resolution of this case.

Therefore, the resolution of this case is null and void because it does not meet the quorum.

B. At the time of the resolution of this case by the defendant, the management rules existed in the defendant, and the resolution of this case is valid upon meeting the quorum.

Even if not, this case is submitted with a confirmation that the sectional owners of the building of this case consent to the resolution of this case.

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