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(영문) 의정부지방법원 2015.01.14 2014가합51029

입주자대표회의결의일부무효확인

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1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Facts of recognition;

A. The Defendant is composed of the Dong representatives of the occupants of the Namyang-si B apartment (hereinafter “the apartment of this case”) at the time of the council of occupants’ representatives, and the designated parties C are those who were the Dong representatives of the 102 apartment of this case at the time of each of the following council of occupants’ representatives, and the Plaintiff (hereinafter “Plaintiff”) A was elected as the Dong representatives of the instant apartment of this case on August 22, 2014, and the designated parties D are the occupants of the instant apartment of this case.

B. On January 16, 2014, at the council of occupants’ representatives held on January 16, 2014, the Defendant decided that “as there are many civil complaints filed by the visitors who are employed at a reasonable time, it shall gather the opinions of the admitted residents and make a decision at the time of the next meeting.”

C. On January 29, 2014, the Defendant posted a public notice on the “Guidance on Gathering Opinions of Residents in Charge of Gyeong-ri Employment” on the instant apartment.

On February 6, 2014, at the council of occupants' representatives held on February 6, 2014 (hereinafter referred to as the "council of occupants' representatives of this case"), the Defendant resolved to employ accounting staff while four representatives of each Dong attend the meeting (hereinafter referred to as the "resolution of this case").

E. On February 7, 2014, the Defendant posted a public notice to the effect that 323 households (81.7%) among the above 395 households (81.7%) participated in a total of 101 households, 96%, 102 Dong 68%, 103 Dong 87.5%, 104 Dong 100%, 105 Dong 84%, and 105 Dong 84% consented to the employment of accounting employees.

F. E was elected as the chairperson, who is the representative of the defendant in an election implemented on August 27, 2014.

(g) A project operator who has constructed multi-family housing prescribed by Presidential Decree (including facilities other than housing and housing built as the same building after obtaining a building permit under Article 11 of the Building Act, and incidental facilities and welfare facilities, but excluding facilities sold to the general public among welfare facilities; hereinafter the same shall apply) shall have the majority of prospective occupants;