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(영문) 서울고등법원 2017.07.20 2016나2064365
관리단집회결의 취소청구 및 무효확인의 소
Text

1. Of the judgment of the first instance court, the part against the plaintiffs is modified as follows. A.

Plaintiff

In the lawsuit of A Co., Ltd.

Reasons

1. Basic facts

A. 1) The defendant is the Act on the Ownership and Management of Aggregate Buildings (hereinafter referred to as the "Aggregate Buildings Act").

(C) “C” (hereinafter referred to as “instant building”) an aggregate building in Songpa-gu Seoul pursuant to Article 23(1).

(2) The plaintiff A is a sectional owner who newly constructed and sold the building of this case on or around June 2004. The plaintiff is a sectional owner who owns the whole four commercial floors and 14 households of officetels (the total area of 18.7% compared to the total area of the building) among the buildings of this case.

3) On October 23, 2010, Plaintiff B was appointed as the Defendant’s manager at the Defendant’s Jeju District Court, and was dismissed from office at the instant Managing Body on December 9, 2014. (b) Of the sectional owners of the instant building, including D, 107 persons among the sectional owners of the instant building, including D, are subject to the holding and resolution of the Managing Body’s general meeting. On October 18, 2013, Plaintiff B requested the Seoul East East District Court for the convocation of the Provisional Managing Body’s general meeting (hereinafter “instant agenda item”), which is the subject of each item indicated in the list of agenda items (hereinafter “attached Form 2”), and received the permission of the said court on November 19, 2014.

2) Accordingly, applicants for call-up permission including D (hereinafter referred to as “D, etc.”)

(1) On November 24, 2014, among the total 395 sectional owners, 391, excluding five foreign nationality holders, etc., among the total 395 sectional owners, the instant agenda item (Article 34(3) of the Aggregate Buildings Act) is “The agenda item (Article 5, which is another agenda item, is a case where a management contract with an existing controlled entity is terminated and a temporary management entity is appointed.”

2) The notice of convening the meeting of the management body of this case for the resolution of this case is called the notice of convening the meeting of this case

3) On December 9, 2014, D et al.: 3) 395 sectional owners (the total area of exclusive ownership = 25,384.11 square meters) and 65 direct participants (i.e., 53 sectional owners) and 221 persons delegated with voting rights, and voting rights.

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