beta
(영문) 의정부지방법원 2016.12.09 2016가합51580

동대표 지위확인 등

Text

1. We confirm that the Plaintiff is the Defendant’s president and the representative of each Dong-dong, B apartment located in C, 706, Namyang-si.

2...

Reasons

1. Facts of recognition;

A. The Defendant, a multi-family housing, is an organization comprised of occupants for the management of B Apartments located in C (hereinafter “instant apartment”).

B. On March 20, 2015, the chairperson of the instant apartment management committee constituted an election commission for the election of representatives by buildings at the third period on March 27, 2015, and publicly announced the fact that a meeting is held on March 27, 2015. On March 27, 2015, the chairperson decided to hold an election commission to publicly announce the election of representatives of occupants at the third period on March 30, 2015, and publicly announced it on the same day.

C. From April 21, 2015 to April 26, 2015, the election of the representative for each 13th apartment buildings of this case was held. In the case of the sixth constituency (701 to 706 dong), the Plaintiff, who was a candidate, and the Plaintiff, who obtained majority votes from the Plaintiff and D, was elected as the representative.

On May 7, 2015, the council of occupants' representatives comprised of nine representatives of each Dong elected as above elected the plaintiff as the chairperson.

E. At present, since the defendant's identification number certificate is written as E, the plaintiff filed an application for correction to change the representative of the identification number certificate to the plaintiff with the director of the Namyang District Tax Office. However, the plaintiff did not correct because there is a dispute between E and the plaintiff about the qualification of representative, and there is no final and conclusive representative.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 4 through 8, 17, 24, 29, the purport of the whole pleadings

2. Determination:

A. According to the above facts of recognition, the plaintiff, unless there are special circumstances, recognized that the plaintiff was elected as the representative of the 13th apartment building of this case and the chairperson of the defendant, and as long as E continues to assert that he is the chairperson of the defendant, there is a benefit to seek confirmation.

B. As to the Defendant’s assertion, the Defendant’s assertion that the election of the representative by buildings in the 13th period is null and void, and the election of the representative by buildings in the 13th period of the instant apartment.