동별대표자지위무효확인
1. Of the instant lawsuits, the part against Defendant D, E, F, G, H, I, J, K, L, M, N, andO shall be dismissed.
2. The plaintiffs' defendant.
1. Determination as to the legitimacy of the part of the instant lawsuit against Defendant D, E, F, G, H, I, J, K, L, M, N, andO
A. Defendant D, E, F, G, H, I, J, K, L, M, N, andO (hereinafter “Defendant D, etc.”) were elected as representatives for each building of “P apartment located in the Southern-gu Q in the East-gu Q in the Dong-gu Incheon Metropolitan City,” on October 2015, but the election to elect representatives for each building was held by the election commission organized without any ground by the organization, even though there is a legitimate election commission of the council of occupants’ representatives. Thus, the election to elect representatives for each building against Defendant D, etc. is invalid.
Therefore, the defendant D et al. seeks to confirm that the representative of each building is not the representative of each building.
B. The council of occupants' representatives of multi-family housing is a non-corporate group consisting of representatives from each building elected in proportion to the number of households of each building. Thus, seeking confirmation of invalidity of a resolution to elect representatives from each building or non-existence of the status of representatives from each building is ultimately a dispute over the qualification of members of the council of occupants' representatives. Thus, the council of occupants' representatives has the qualification as defendant in the lawsuit as the actual subject
Therefore, the part of the lawsuit of this case seeking confirmation against Defendant D, etc. that the plaintiffs are not in the status of the representative of each building of P apartment is unlawful.
2. Determination on the claim against the council of occupants' representatives of the defendant P apartment
A. Basic facts 1) Defendant D, etc., in an election to elect representatives from each Dong-gu Q apartment located in the Nam-gu Seoul Metropolitan City around October 2015, are elected as representatives of the above P apartment in an election to elect representatives from each Dong-gu Q apartment around October 2015.
Plaintiff
A is a person who was the chairperson of the P Apartment Election Commission, and the plaintiff B is a member of the above Election Commission.