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(영문) 의정부지방법원 2016.08.19 2015가합4105
임시총회 결의 무효확인
Text

1. The plaintiff C's lawsuit shall be dismissed.

2. A resolution by the defendant to appoint F as the representative at an extraordinary general meeting of August 18, 2006.

Reasons

1. Basic facts

A. 1) E sales facilities G and H ground 9 (hereinafter “E stores”) at the Government-si of Gu, G and H ground 1)

) From the time of new construction and sale in around 1998, the project implementer (I) suffered difficulties by defrauding, escapeing, etc. the proceeds of sale, and thereafter, 529 shops (other than this, 7 to 9 floors above ground are not divided by each floor and 3 floors are operated as one private house or place of business, which are subdivided by each floor from 1 to 6 floors above ground.

A) Although most stores were sold in lots and registered for the division by store, most of them were vacant rooms, and the owners of stores from the first to the sixth floor above the ground did not properly pay for commercial building management expenses because of the fact that various disputes with the right to operate and manage E stores were not activated at all, the owners of stores from the first to the sixth floor above the ground did not properly pay for the commercial building management expenses. 2) The management and operation of E stores was managed by J Co., Ltd., which had the original executor, divided the management by the J Co., Ltd. and the merchant committee comprised of several buyers, and on December 24, 199, the representative of E stores became the promoters of E stores and was operated and managed by K Co., Ltd. (hereinafter referred to as “K”), which is a new management company, with the acquisition of the above management and operation rights, and even until the time, the number of stores located in E stores was insufficient to cover the management expenses incurred by the operation and management of E stores on the first floor, the 6th floor above the ground and the 7th floor above and the 9th floor above.

3) Accordingly, from around 2001 to around 2002, K representative directors M et al. removed all sectionally owned walls of each store without the consent of the owners under the pretext that each floor from the first to the sixth above ground level is made into an open store. Accordingly, the above M et al. was subject to criminal punishment due to a violation of the Punishment of Violences, etc. Act (Seoul District Court's Government Support 2002 Highest958, 2002 Highest958, etc.).

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