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(영문) 부산고등법원 2019.11.06 2019나54064

입주자대표선출무효확인

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. Busan Geum-gu B apartment (hereinafter “the apartment of this case”) consists of a total of one, six, and 75 households, and the defendant is the council of occupants’ representatives consisting of the representative of the Drain of the apartment of this case.

B. On June 4, 2016, the Plaintiff, the chairperson of the Defendant, resigned from the office of president on June 4, 2016, and D from June 7, 2016 to the closing date of argument in the trial, is performing the duties as the chairperson of the Defendant.

C. Of the management rules of the instant apartment, the parts relating to the instant case are as follows.

Article 11 Method of Election of Representatives and Officers (1) The Rain Representative shall consist of 1, 2 Rains 3, 3, 4, 5, 6 Rains .

(3) The term of office of the representative of eachRain shall be two years and he/she may be reappointed.

Article 12 (Composition of the council of occupants' representatives) (1) The council of occupants' representatives shall be comprised of members.

(2) The council of occupants' representatives shall be comprised of not more than seven persons and one chairperson, one vice-chairperson, and one auditor shall be elected.

The chairperson and vice-chairpersons may be reappointed.

Article 14 (1) The council of occupants' representatives shall be divided into regular meetings and extraordinary meetings.

(2) Regular meetings shall be convened by the Chairperson once a year.

(3) Extraordinary meetings shall be convened by the chairman in the following cases:

1. Where the chairman deems it necessary, or when directors request the convocation, a meeting shall be held with the attendance of a majority of the representatives from each category;

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 5-1, Eul evidence 4, the purport of the whole pleadings

2. Determination as to the legitimacy of the instant lawsuit

(a) In order to file an action to nullify the absence of a resolution of the Assembly or the absence of a resolution of the Assembly, the organization's internal decision-making of the resolution of the Assembly has a group, but there is a serious defect to the extent that the resolution of the Assembly cannot be deemed to exist in the convocation procedure or the method of resolution of the Assembly for that decision-making, or at least the appearance of the resolution remains such as