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(영문) 서울남부지방법원 2018.06.12 2017가합1586
관리단 집회결의 무효 등
Text

1. The principal lawsuit and the Defendant-Counterclaim Plaintiff against the Defendant-Counterclaim Plaintiff (Counterclaim Defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed to be combined.

1. Basic facts

A. The Plaintiff B and the Defendants are the co-owners of the building J, K, L, and M on the ground (hereinafter “instant commercial building”) in Namyang-si. The instant commercial building consists of 50 stores in total.

B. 1) The sectional owners, etc. of the instant commercial building shall hold a meeting on August 10, 2006 and hold a meeting on August 10, 2006 (hereinafter “A Commercial Building Organization”).

2) On September 5, 201, the Plaintiff’s representative meeting concluded a contract with the Suwon Integrated Management Co., Ltd. (hereinafter “N”) to entrust the management of the instant commercial building with the U.S. owner of the instant commercial building, etc., who had been managing the instant commercial building, raised an objection as to the distribution of management expenses, such as electric charges. The owner of the instant commercial building, etc., held a meeting on August 25, 201 and elected anO as the representative of the management body of the Plaintiff Section A (hereinafter “the Plaintiff’s representative”). The Plaintiff’s representative meeting entered into a contract with the U.S. General Management Co., Ltd. (hereinafter “U. Integrated Management”).

3) The commercial building number council of this case (the president N) filed an application for provisional disposition against the representative meeting of the plaintiff, theO, and the comprehensive management of the members of the district council for the suspension of the execution of duties (the Jung Government District Court 201Kahap638, Jan. 20, 2012). In the meeting held on August 10, 2006, the meeting of the commercial building number of this case was held by only 12 persons who less than the majority of the sectional owners among the 29 sectional owners, and there is no signature of the participants, and some participants are not the sectional owners of the commercial building of this case. The above meeting cannot be deemed a legitimate management body, and the resolution at the above meeting cannot be deemed a legitimate resolution at the meeting of the management body.

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