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(영문) 서울남부지방법원 2015.07.24 2014가합110427

후보자지위확인

Text

1. B apartment between the Plaintiff and Defendant B apartment election commission, and the above Defendant announced on August 1, 2014.

Reasons

1. The rights of occupants, etc. under Chapter II (Rights of Residents, etc.) of Article 10 (Rights of Residents, etc.) shall have the following rights, in addition to the matters prescribed by housing statutes:

Provided, That eligibility for election of the representative of each building under subparagraphs 3 and 4, the chairperson of the council of occupants' representatives, and the auditor shall be limited to the occupants (one household house shall have one eligibility for election).

3. Right to be elected for and to dismiss the representatives of each building in the election district;

4. Right to be elected (limited to cases where the representative is elected by Dong) for the chairperson and auditor of the council of occupants' representatives and the right to dismiss him/her [Duties of occupants, etc.] Article 13 (Duties of occupants, etc.] (1) Residents, etc. shall have the following duties for maintaining order of communal life, improving residential life, and maintaining and managing all facilities

1. Obligations to observe the relevant regulations;

3. The duty to use, preserve and maintain all facilities with the care of a good manager;

4. Obligation to observe communal order.

7. Other duties to observe for the maintenance and management of multi-family housing: Chapter III of the council of occupants' representatives [election of the representatives by Dong] Article 17 of the council of occupants' representatives (1) The representatives of each building constituting the council of occupants' representatives shall elect the total number of 14 persons for each of the following constituency in proportion to the number of households by buildings (referring to the Enforcement Decree of the Housing Act

Article 19 [Composition and Duties of Officers] (1) The council of occupants' representatives shall appoint the following officers of the council of occupants' representatives (hereinafter referred to as "executive officers") pursuant to Article 50 (5) of the Decree:

1. One chairperson;

2. Two auditors (one or more auditors).

3. Four or more directors (2) The term of office of officers of the council of occupants' representatives shall be the term of office of the representative of each building during the term of office of the representative of each building, and when the qualification of the representative of each building is lost, the qualification of officers shall also be lost;

(3) The chairperson of the council of occupants' representatives (hereinafter referred to as the "chairperson") shall be appointed pursuant to Article 21 (3) of the Rules.