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(영문) 수원지방법원평택지원 2015.04.22 2013가합3707

입주자대표회의결의무효확인

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. The following facts of basic facts do not conflict between the parties, or may be acknowledged by taking into account the following facts: Gap evidence 2, Gap evidence 3 (the same as Eul evidence 1), Gap evidence 4, Gap evidence 5, Gap evidence 6, Gap evidence 7, Gap evidence 10, Eul evidence 2-1 to 5, Eul evidence 3, Eul evidence 7-1 to 5, Eul evidence 7-1 to 8, Eul evidence 7-1 to 8, and Eul evidence 8.

(1) The defendant is the council of occupants' representatives organized under the provisions of the Housing Act and the Enforcement Decree of the Housing Act for the management of D apartment in Pyeongtaek-si J.

See The plaintiffs are the occupants of the above apartment.

B. On February 7, 2013, the election commission under the Defendant’s control (hereinafter “election commission”) made a resolution on the composition of the Defendant’s fourth council of occupants’ representatives and the election of representatives by Dong constituting the Defendant’s fourth council of occupants’ representatives (hereinafter “instant election”), and made a public announcement thereof.

B. On March 8, 2013, Plaintiff C registered as a candidate in order to leave the instant election as the representative for each Dong (election district No. 1). On March 8, 2013, Plaintiff C was the representative of the Defendant’s third council of occupants’ representatives, but Plaintiff C did not attend the Defendant’s meeting six times, and was dismissed as of November 16, 2012, Plaintiff C announced the invalidation of Plaintiff C’s registration on the ground that it falls short of qualification.

Article 13(1) of the Election Act provides that the election of this case shall be held by the representative of each 102 Dong (Election 2) on March 15, 2013, and Article 13(2) provides that the election of this case shall be held by the representative of each 102 Dong (Election 2); and Article 13(2) provides that the election of this case shall be held by the representative of each 10 Dong Dong (Election 2); and Article 13(3) provides that the election of this case shall be held by the representative of each 10 Dong Dong (Election 2); and Article 14(3) provides that the election of this case shall be held by the representative of each 10 Dong Dong (Election 2);

x) The Line shall be by Dong, Dong, 101 March 18, 2013.