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(영문) 부산지방법원 2020.04.29 2019가합954

선거관리위원 위촉무효확인

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1. The Defendant’s commission of D, E, F, G, and H as B apartment election management members on July 14, 2018 confirms that the act is null and void.

Reasons

1. Basic facts

A. The Defendant is a non-corporate body comprised of representatives of B apartment units with 2,716 households located in Busan JJ (hereinafter “instant apartment units”). The Plaintiff is the owner of the instant apartment P, and Q, the Plaintiff of the apartment units under Article 2 subparag. 7 of the Multi-Family Housing Management Act (from July 19, 2018 to July 18, 2020).

(b).

On September 20, 2017, the Defendant passed a resolution to amend the existing management rules (hereinafter “the instant amendment”) to promulgate the new management rules (hereinafter “instant amendment”); and on the same day, the instant amendment and the enforcement of the 8th management rules were promulgated.

C. On June 14, 2018, following the open recruitment procedure under Article 34(2) of the 8th Management Rules, the Defendant passed a resolution to commission the Plaintiff as the Chairperson of the 22th Election Management Committee (the term of office from July 1, 2018 to June 30, 2020), K, L, M, and N as the 22nd election management members of the instant apartment. On July 1, 2018, the Defendant was granted the appointment letter to the Plaintiff under the name of the Defendant’s Chairperson.

around May 2018, I was elected as the representative of the 22th O-dong apartment of this case (the term of office from July 1, 2018 to June 30, 2020), and was elected as the president of the defendant around June 2018.

E. As the president of the Defendant, I followed the recommendation procedure and open recruitment procedure under Article 34 of the 7th Management Rules, and decided and announced D, E, F, G, and H as the 22th election management members on July 14, 2018, and granted the above election management members a letter of appointment under the name of the Defendant on the same day.

(1) On July 17, 2018, at an election commission meeting, five members of the election management commission were elected as chairperson of the election management commission at the election commission meeting.

- Multi-Family Housing Management Act -.