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(영문) 대구고등법원 2017.04.06 2016나21361

입주자대표회장 등 선거무효확인

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1. The plaintiff's appeal and the claim added in the trial are all dismissed.

2. The costs of the lawsuit after the appeal are filed.

Reasons

1. The following facts do not conflict between the parties, or are recognized by the respective descriptions of Gap evidence Nos. 1, 2, 3, 7, 9, and Eul evidence Nos. 2, 3, 4, 12, and 13 (including branch numbers where no special indication is made; hereinafter the same shall apply) and the whole purport of pleadings, and there is no counter-proof.

The plaintiff is a resident of the Hosan-si B apartment (hereinafter referred to as "B apartment"), which is a multi-family housing.

The defendant is a non-corporate body composed of representatives from each Dong in order to determine important matters concerning the management of B apartment.

B. On January 7, 2013, the B Apartment Election Commission (hereinafter referred to as the “Election Commission”) decided on January 7, 201 in order to elect the 6th unit of B apartment, “11 persons (2 persons in 101 Dong and 102 Dong and 105 Dong, each one in 1 Dong), the period of candidate registration from January 13, 2013 to January 18, 2013; and the election period from January 25, 2013 to February 13, 2013, the election commission announced that the representative was elected (Article 1-1 of the Evidence A).

On January 21, 2013, when the registration of candidate was low during the registration period of the above candidate, the election commission issued a public announcement of additional recruitment of candidates and additionally recruited candidates for the same representative by the end of January 25, 2013.

Accordingly, a person who has completed the candidate registration within the above period of the public announcement for the recruitment of candidates shall be as shown in the column for the "six-year candidate" column for the 6-year representative positions of the 6-year candidate (Dong Representative) 101 D Director 2101 D Director 2101 - T Auditor 3102 F 3102 F 4102 E 4102 E General 5103 G 6104 J 7105 G 8105 G 105 - 9106 C Chairperson 106 C 10107 K 1108 H under the 6-year representative position.

C. On January 28, 2013, the election commission: (a) determined on February 1, 2013 for each building, from February 4, 2013 to February 6, 2013, with respect to candidates for each building, the election commission shall hold a ballot counting on February 7, 2013; and (b) decided on the elected persons with the consent of the majority of eligible voters and with the consent of the majority.