동대표지위부존재확인 청구의 소
1. All of the instant lawsuits are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Plaintiff’s assertion that the term of office of the Plaintiff was expired on December 31, 2013 as the former president of the council of occupants’ representatives in Seo-gu, Seo-gu, Seo-gu (hereinafter “instant apartment”).
After that, the J voluntarily commissioned five election management members to act on behalf of the Director of the Management Office of the apartment of this case due to the provisional disposition of this court, and the election was held after the election was announced.
(hereinafter “instant election”). The Defendants were elected by April 1, 2015 as the representative of each Dong (Dong representative) of the instant apartment building until April 1, 2015.
According to Article 34 of the Management Rules of the apartment of this case, the members of the election commission for the election of representatives of each Dong shall be commissioned by the plaintiff, who is the chairperson of the previous council
However, the appointment of the election management committee members for the election of the representatives of the apartment buildings of this case is null and void as the JJ exists. As such, the appointment of the Defendants as representatives of the buildings of this case conducted by the election management committee composed of those who are not eligible to become the members of the election management committee is null and void.
Therefore, the Defendants seek confirmation against the Defendants that they are not in the same status as the representative of the apartment of this case.
2. Determination on the legitimacy of the instant lawsuit
A. The representative of each apartment building does not affect the rights and obligations of the occupants by itself, but affect the rights and obligations of the occupants by exercising voting rights on the performance of the duties of the council of occupants' representatives. Thus, the confirmation of the absence of the status of the representative of each apartment building becomes an effective and appropriate means to resolve disputes over the existence or absence of status to be determined in relation to the council of occupants' representatives, which is the non-corporate association.
B. A judgment citing the absence of a representative status against the Defendants’ individual is rendered.