입주자대표회의 구성신고 거부처분 취소청구의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. The status of the parties (1) A apartment (hereinafter “instant apartment”) is an apartment complex consisting of five units located in Jung-gu Incheon Metropolitan City, Jung-gu, Incheon Metropolitan City (238 households, 112 households, 112 households, 11 households, 84 households, 15 households, 294 households, 16 households: 126 households).
(2) The plaintiff is the council of occupants' representatives composed of representatives from each apartment building of this case. The defendant is the head of the local government having jurisdiction over the location of the apartment building
B. The management rules of the instant apartment (hereinafter “instant management rules”) related to the instant case are as follows.
Article 17 (Election of Representatives by Building) (1) The representatives of each building constituting a council of occupants' representatives shall be elected in proportion to the number of households by building in the following constituency pursuant to Article 50 (1) of the Enforcement Decree of the Housing Act:
1. First election district: Four persons or more;
2. Second constituency: 10 persons and 2 persons;
3. Third constituency: 11 persons and 2 persons per 11 persons;
4. Fourth constituency: 15 persons and four persons.
5. Five constituency: 16 persons and two persons.
(c) The term of office of the representatives of the previous buildings of this case, such as the composition of the council of occupants' representatives, has expired, on March 29, 2015 and on March 30, 2015; and on April 7, 2015;
8. An election to be elected by each Dong was held. As a result, K was elected as representatives for each constituency partitioned in accordance with Article 17 of the instant management rules, < Amended by Presidential Decree No. 1717, Mar. 1, 201; Presidential Decree No. 20135, Feb. 1, 201; Presidential Decree No. 20148, Feb. 1, 201; Presidential Decree No. 2021
2. After the above election, the Plaintiff decided and announced L, which is the subordinate holder of the second constituency, as the representative of each Dong in the status of public officials, was disqualified as the representative of each Dong, on the ground that “F, who is elected as the representative of each Dong in the second constituency, cannot concurrently hold office as the representative of the apartment of this case,” and then reported the change of the composition of the council of occupants’ representatives comprised of the Defendant around May 2015.