beta
(영문) 수원지방법원 2017.03.09 2016가단523398

부당이득금

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The plaintiff is a council of occupants' representatives comprised of Dong representatives elected by the residents residing in Young-gu, Suwon-si D (hereinafter "the apartment of this case"). The defendant Industrial Development Co., Ltd. (hereinafter "Industrial Development for the defendant") entered into an entrustment management contract for the apartment of this case with the plaintiff. The defendant B is an employee of industrial development for the defendant, who was the head of the management office of the apartment of this case.

Defendant C is the 119 Dong representative of the instant apartment, and is the representative of the 10th council of occupants' representatives concerning the instant apartment.

B. E was elected as the representative of 116 Dong-dong (120 households) from the 11st election for the instant apartment building on January 16, 2015, and was elected as the chairman of the council of occupants’ representatives from the election for officers held on March 28, 2015.

However, on April 2, 2015, 116, 13 households of the apartment of this case submitted to the election commission on the ground that E violated the election management regulations in the process of the 11th election of the chairman of the 11th council of occupants' representatives, and accordingly, the election commission on April 16, 2015 followed the resolution for dismissal of the representative of each Dong. As a result, 45 voters who are the majority of the 62 voters were dismissed.

On April 17, 2015, the Election Commission announced that E was dismissed from the representative of the instant apartment building 11, and that it was also disqualified from all the executives.

After all, the election commission decided to proceed on May 22, 2015 to vote for the election of representatives from each building (total 12 units), including April 28, 2015. However, there was no person who received the candidate within the candidate's receipt period, and there was no one who received the candidate.