동대표선출결의무효확인
1. The judgment of the court of first instance is modified and the plaintiff's claim is dismissed.
2. All costs of the lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The defendant is the council of occupants' representatives representing the occupant (owner) or the user of Dongdaemun-gu Seoul Metropolitan Government B Apartment (hereinafter "the apartment of this case") 28 Dong-dong 1,984.
The plaintiff is the "occupant, etc." of the apartment of this case.
B. On May 2017, the election commission of the instant apartment was organized with seven members.
C. On July 7, 2017, the “instant election” to be selected by the representatives of the instant apartment units was held, and the representatives of each Dong were elected in the 10 constituency among the total 21 constituencies (attached Form 1).
Since voters fall short of the majority of "occupants, etc." in the relevant constituency, the representatives of each Dong were elected in five constituency(attached Form) after a reelection was held on August 7, 2017 for 11 constituency in which representatives of each Dong were not elected.
【Ground of recognition】 The fact that there has been no dispute, Gap's evidence Nos. 7, 8, 12, Eul's evidence Nos. 1, 2, 5, and 9, the purport of the whole pleadings
2. The assertion and judgment
A. The plaintiff asserts the invalidity of the instant election and the instant reelection on the ground of the defect in the composition of the election commission, the defect in the instant election procedure, and the instant reelection procedure.
(Article 14(3) of the Multi-Family Housing Management Act and Article 11(1) of the Enforcement Decree thereof, representatives of the apartment buildings of this case are selected by the election of "occupants, etc.", and there is no need to make a separate resolution thereon. The purport of the Plaintiff’s assertion is deemed to be invalid.
(1) As alleged by the Plaintiff, Article 10(1) of the Election Commission Regulations (No. 13) of the apartment building of this case provides that residents who actually reside in the apartment complex for at least six consecutive months after the completion of their resident registration as of the election public notice date of representatives by buildings shall be eligible for the election of representatives by buildings.
However, this shall not apply.