아파트입주자대표회의 결의 무효확인의 소
The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
1. Basic facts
A. The plaintiff is the tenant of Daegu Jung-gu apartment complex B (hereinafter "the apartment of this case"), and the defendant is the representative of the tenant of the apartment of this case.
B. The legal provisions pertaining to the resident representative conference in the instant case are as follows.
(9) Matters necessary for the organization and operation of the representative meeting of occupants and methods for resolution of the representative meeting of occupants shall be prescribed by Presidential Decree.
(10) Matters for resolution by a representative meeting of occupants shall be governed by management rules, management expenses, matters concerning the operation of facilities, etc., and details thereof shall be prescribed by
(1) Pursuant to Article 14 (9) of the Enforcement Decree of the Multi-Family Housing Management Act, a meeting for the representatives of occupants shall pass a resolution with the consent of a majority of the members of the meeting for the representatives of occupants.
(2) Matters to be resolved at a meeting of representatives of occupants under Article 14 (1) of the Act shall be as follows:
Proposal for amendment to the Management Regulations;
4. Approval of a business plan and budget for the execution of management expenses, etc. according to the land of Article 23 paragraphs (1) through (5) of the same Article; 17. Other matters prescribed by the management rules in relation to the management of multi-family housing of this case, shall be decided by the council of occupants pursuant to Article 27 (Matters to be Resolved at the Council of Representatives of Residents) of the Rules on Management of Apartment Buildings of this case with the consent of a majority of its members, and "other matters prescribed by the rules" in Article 14 (2) 17 of the Decree means the following matters:
11. Other matters provided that the resolution of the representatives' meeting of occupants shall be made by the related Acts and subordinate statutes and by these rules.
C. On May 2019, the Defendant publicly announced the amendment of the regulations on management. The main contents of the amendment include “the reflection of superior statutes, the operation of the representatives of occupants, the amendment of the guidelines for the selection of housing management entities and business entities, the operation of the Election Management Commission, the amendment of the Supreme Court’s regulations.”