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(영문) 서울동부지방법원 2015.04.02 2014가합9296

회장선출결의무효확인

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1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The plaintiff is the tenant of the Gangdong-gu Seoul Metropolitan Government main apartment (one unit of 325 households, hereinafter "the apartment of this case") and the defendant is an autonomous management organization composed of the representatives of occupants of the apartment of this case. The main contents of the apartment management rules of this case concerning the council of occupants' representatives, etc. are as stated in the attached management rules.

B. Following the Defendant’s resolution on January 28, 2014, an election commission consisting of C(418), D(423), and E(101) members among the occupants of the instant apartment. On June 24, 2014, F, an occupant of the instant apartment, was newly commissioned as an election management commission on June 26, 2014.

C. On June 30, 2014 after the expiration date of the term of office of the members of the 5th council of occupants' representatives (on July 31, 2014), the election commission of the 5th council of occupants' representatives publicly announced the election of representatives by buildings for the 6th period. On June 30, 2014, the third constituency (10-12th floor) where two candidates are candidates were elected by voting at the polling station, and the fourth constituency (13-15th floor) where one candidate is a candidate was elected by voting at each building by means of a household visit voting.

However, the first constituency (3 to 6th floor) and the second constituency (7 to 9th floor) did not have a candidate registration, and the election commission again announced the first and second constituency and conducted an election to elect representatives for each group of constituencies on July 18, 2014 (hereinafter “instant election”).

E. As a result, the 6th council of occupants’ representatives (term: from August 1, 2014 to July 31, 2016) was constituted, and G, the representative of the 4th constituency, was elected as the chairperson of the defendant.

[Evidence] Facts without dispute, Gap evidence Nos. 1, 3, Eul evidence Nos. 1, 2, 3, and 8, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The purport of the Plaintiff’s assertion is that the instant election is invalid due to procedural defects as follows, and thus, to seek confirmation as stated in the purport of the claim.