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(영문) 서울북부지방법원 2018.03.15 2017가합24339

회장선출결의무효확인

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Seoul Special Metropolitan City, Nowon-gu apartment is a collective housing consisting of A80 households, B 120 households, C 96 households, and 296 households (hereinafter “the apartment of this case”). The defendant is the council of occupants’ representatives comprised of the owners or lessees of the apartment of this case, and the plaintiff is the occupants of the apartment of this case.

B. On December 21, 2016, on the ground that the term of office of the chairperson of the defendant's representative expires, the defendant issued a public notice of the appointment of the representative for each Dong, and on the following day from January 10, 2017.

1. On January 19, 201, the council of occupants' representatives was organized by selecting four representatives of each building by holding an election by no later than November, and the council of occupants' representatives held regular January 19, 2017 and resolved to select C as the chairperson of the defendant's representative with the consent of all three representatives present on the same day.

(hereinafter referred to as the "resolution of the dispute of this case"). 【No dispute exists, Gap evidence Nos. 1 and 2, Eul evidence Nos. 1 and 7, and the purport of the whole pleadings.

2. The resolution of the dispute in this case is null and void according to the following circumstances of the Plaintiff’s assertion.

(1) The composition of the council of occupants' representatives itself is based on the election of representatives by buildings, which takes place following changes in management rules that do not go through legitimate procedures

In other words, the decision on October 17, 2016, which decided on the amendment of the management rules including the change of the representative of the previous seven to four persons, was defective by unilaterally convening a meeting without due process of public announcement. The revised management rules of the Republic of Korea were not notified to the occupants. Although the amendment of the management rules was not approved by a majority of the occupants in the process of submitting the proposal to the head of Nowon-gu in Seoul Special Metropolitan City, the above amendment was made by submitting the above amendment rules to the management rules.