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(영문) 서울북부지방법원 2018.05.31 2017나4681

자격없음 및 위법행위에 의한 손해배상

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1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Dobong-gu Seoul Metropolitan Government apartment (hereinafter “instant apartment”) consists of 14 units, 1,541 units as multi-family housing constructed in the late 1980s.

B. On January 2015, nine representatives for each Dong, including the Plaintiff elected as the 114 representative representatives from the election of representatives for each Dong (term: from March 1, 2015 to February 28, 2017) of the instant apartment building No. 22, which was implemented around January 2015.

The 22th unit council members of the apartment of this case selected as the 9 representative members of the 22th unit council of the apartment of this case, D, general directors E, technical directors F, and auditors G were elected respectively.

C. Article 15 of the Addenda to the Enforcement Decree of the Multi-Family Housing Management Act (Transitional Measures Concerning the Standards, etc. for Management Rules) (1) The Mayor/Do Governor shall revise the Management Rules within two months from the enforcement date of this Decree, in accordance with Article 19(1)21, 26 and 27, within two months from the enforcement date of this Decree.

(2) The council of occupants' representatives shall amend management rules in compliance with the management rules rules under paragraph (1) within three months from the enforcement date of this Decree.

Pursuant to this, in order to amend the management rules of the instant apartment by November 1, 2016 in accordance with the Rules of the Management Rules of Multi-Family Housing in the 11th Seoul Special Metropolitan City, as amended on October 5, 2016, there was a situation that the voting of occupants, etc. should be implemented under the supervision of the management committee of the instant apartment.

Accordingly, on October 7, 2016, the head of the management office of the apartment of this case retired from office as the representative of each Dong and the general secretary-general on November 23, 2016.

request the organization and commission of the election commission. D.

However, as E does not comply with the above request, H is an open recruitment for the general public on or around October 23, 2016.