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(영문) 서울동부지방법원 2016.02.16 2015가합106446

동대표자격부존재확인청구

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1. As to the B apartment located in Songpa-gu Seoul Metropolitan Government, Nonparty D is not in the position of the representative for each Dong, six buildings.

Reasons

1. Basic facts

A. The Plaintiff was the chairman of the 14th council of occupants’ representatives of B apartment units with the 1,316 household units located in Songpa-gu Seoul Metropolitan Government (hereinafter “instant apartment”) and both the Plaintiff and E, F, G, H, I, D, and J were elected from the 15th unit representatives (hereinafter “the Plaintiff, excluding the Plaintiff”), E, F, G, H, I, D, and J.

B. As the term of office of the 14th East Representatives expired on April 30, 2014, an election to elect the 15th East Representatives (hereinafter “instant election”) was held from April 14, 2014 to April 15, 2014.

C. On April 16, 2014, the chairman of the instant apartment management committee publicly announced that E was elected as the Plaintiff and the 10 Dong representative as the Plaintiff and the 8 Dong representative, with the exception of the 4,5,6,7 Dong representatives not elected in the instant election, as one representative, G, 2 Dong representatives as G, 3 Dong representatives as H, 8 Dong representatives.

Of K, L, M, N, andO five members of the election commission of the instant apartment (hereinafter referred to as “election commission members”) (hereinafter referred to as “election commission members”), L became one member of the election commission of the instant apartment as of April 16, 2014, M, and N, respectively, and on April 17, 2014, and on April 22, 2014, O resigned, one member of the election management commission of the instant apartment.

E. On April 21, 2014, the Plaintiff, as the president of the 14th council of occupants’ representatives, publicly announced that the 15th representative council, the president of the 15th council of occupants’ representatives, and the election management members to elect auditors pursuant to Article 34 of the Management Rules of the instant apartment housing (hereinafter “Management Rules”).

On April 26, 2014, pursuant to Article 34(1) of the Management Rules, the Plaintiff commissioned P as the president of the council of occupants' representatives, and Qua recommended by the president of the senior citizens' council as the election management members.

(f) On May 1, 2014, the Songpa-gu Office has a civil petition that only two election management members commissioned from among the election management members who retired to the council of occupants' representatives and interfere with election management affairs. Therefore, the Songpa-gu Office failed to elect the representative, and pursuant to the management rules, to elect the representative of the election district and the officers of the council of occupants' representatives.