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(영문) 서울북부지방법원 2017.04.20 2017가합210

원고의 동대표 지위 및 임기 존재확인

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. The facts based on the facts are the election commission of B apartment (hereinafter referred to as “instant apartment”) located in Dobong-gu Seoul Metropolitan Government; the Plaintiff was elected as the Dong representative of the 22th council of occupants’ representatives of the instant apartment around January 2015; and the term of office was from March 1, 2015 to February 28, 2017; the Defendant announced the dismissal of the Dong representative on December 21, 2016, from December 17, 2016 to December 20, 2016, by the 22th council of occupants’ representatives as to the Dong representative of the 22th council of occupants’ representatives as to December 20, 2016. There was no dispute between the parties to the instant apartment and the Dong representative.

2. We examine, ex officio, whether the instant lawsuit is lawful or not.

A. On December 21, 2016, the Plaintiff: (a) the dismissal of the 22nd representative made on December 21, 2016 was made by F, a managing director, by recommendation and commission without authority; (b) the amendment of the management rules on November 11, 2016 was made by an unqualified election management member; (c) the procedure was not lawful; and (d) the election of the 23th representative made on March 20, 2017 was made by an unqualified election management member without due process; and (d) the appointment of the 22th representative representative, for the purpose of stabilizing the residence of apartment occupants, need to verify the validity of the term of office of the 23th representative representative’s council until the 23th representative council was duly organized.

(b) however, Gap.

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