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(영문) 서울중앙지방법원 2016.06.24 2015가합574893

입주자대표회의 결의무효확인 등

Text

1. All lawsuits against Defendant D, E,F,G, H, I, J, K, K, M, N,O, P, and Q are dismissed.

2. The plaintiffs are defendant RR apartments.

Reasons

1. Basic facts

A. The status of the parties is Plaintiff A and B as the representative of each Dong of R apartment with a scale of 3,002 of 3,002 located in Gangnam-gu Seoul (hereinafter “instant apartment”), and Plaintiff C is the auditor of the council of occupants’ representatives of the instant apartment.

Defendant D, E, F, G, and H are the persons commissioned and announced as the election management members of the instant apartment on October 27, 2015, and Defendants I, J, K, L, M, N,O, P and Q are the persons who publicly announced from the special election to the representatives of buildings held by the election management commission comprised of the above election management members to be elected by buildings on November 21, 2015, and the council of occupants' representatives of Defendant RR apartments (hereinafter referred to as the "Defendant council of occupants' representatives") constituted for the preservation and management of the instant common area and the alteration thereof, and for the rights and interests of the occupants, and are the organizations in lieu of the management council naturally constituted pursuant to the Act on the Ownership and Management of Aggregate Buildings.

B. 1) The Plaintiff A, B, and seven other persons (hereinafter “Plaintiff A, etc.”) who are the representatives of the instant apartment building by the instant apartment building (hereinafter “instant request for dismissal”) shall not be required to dismiss T by the president of the Defendant’s council of occupants’ representatives (hereinafter “instant request for dismissal”). On June 2015, 2015, the instant apartment management rules for the instant request for dismissal may request the instant request for the dismissal of the president to the instant apartment management rules with the consent of at least 1/10 of the occupants, users, or 2 of the instant apartment building with the consent of a majority of the Defendant members. While the temporary request for the convocation of the council of occupants’ representatives for the instant apartment building (hereinafter “temporary council of occupants’ representatives”) was made, T did not comply therewith.

B) Plaintiff A, etc., around 20:00 on July 2, 2015, shall be subject to the management rules of the instant apartment complex (hereinafter “management rules”).

Based on paragraph 1 of Article 23.