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(영문) 울산지방법원 2018.03.29 2017가합23925
입주자대표회의회장해임투표등무효확인
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The plaintiff is a person who served as the president of the council of occupants' representatives of B apartment (hereinafter "the apartment of this case"), and the defendant is an institution that consists of occupants, etc. pursuant to Article 15 of the Multi-Family Housing Management Act to elect or dismiss the representative of the apartment of this case or the officers of the council of occupants' representatives composed of representatives of each building

B. On April 26, 2017, the Defendant: (a) designated the term of office of the election management members on the basis of “from July 1, 2017 to June 30, 2019”; (b) designated the recruitment method as “the first-come-served closing”; and (c) appointed nine election management members on May 12, 2017, including C, D, E, F, H, G, H, I, J, K, and K as the election management members; and (b) on August 14, 2017, the head of Ulsan Central District Court demanded the Defendant to appoint the appointment of the election management members to constitute an election management committee that is appropriate for the management rules, so that the appointment of the election management members does not comply with Article 15(5) of the Enforcement Decree of the Multi-Family Housing Management Act and Article 5(2)3 of the Apartment Management Rules.

3. On September 8, 2017, the defendant recruited a member of the election management committee to be selected by open lottery if the number of members exceeds the number of members, and on September 15, 2017, nine members including E, K, L, M, N,O, P, Q, R, etc. were commissioned as new election management members.

C. On July 25, 2017, the Defendant: (a) announced the election schedule for each building on July 25, 2017; (b) announced the status of the candidate registration for the representatives of each building on August 23, 2017; and (c) elected ten representatives from September 5, 2017 to September 8 of the same month.

On August 1, 2017, the occupants of the instant apartment in dismissal of the Plaintiff requested the Defendant to dismiss the chairman of the council of occupants' representatives against the Plaintiff. Accordingly, the Defendant took a dismissed vote on August 22, 2017, and 280 households among 377 households participating in voting are the Plaintiff.

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