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(영문) 부산지방법원 2020.12.18 2020나701
관리비
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

Reasons

Basic Facts

A. The plaintiff is the council of occupants' representatives, which is the managing body of A apartment located in Busan Dong-gu, Busan (hereinafter "the apartment of this case"), and the defendant is the resident of the above A apartment D.

B. From December 2018 to May 2019, the Defendant delayed the payment of management expenses for the month from December 2018, 561,860 won.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 3 (including each number), the purport of the whole pleadings

2. Determination on this safety defense

A. The defendant asserts to the effect that the lawsuit in this case is unlawful, since the term of office of the representative of each Dong, who is the chairperson of the council of occupants' representatives, has already expired and the qualification of the

(b) Article 14 (Composition, etc. of Council of Representatives) (1) of the Multi-Family Housing Management Act shall be comprised of at least four persons, and the representatives elected according to the constituency determined by the management rules in proportion to the number of households by buildings (hereinafter referred to as "representatives by buildings");

(6) The council of occupants' representatives shall have the chairperson, auditors and directors as executive officers, as prescribed by Presidential Decree.

(9) Matters necessary for the composition and operation of the council of occupants' representatives and methods of resolution of the council of occupants' representatives, such as matters concerning the term of and restrictions on the representatives by buildings, and election or dismissal of the representatives.

(1) Pursuant to Article 14 (9) of the Act, the term of office of the representative of each Dong shall be two years.

(2) The representative of each building may be reappointed only once pursuant to Article 14 (9) of the Act.

(hereinafter omitted)

C. The council of occupants’ representatives of multi-family housing is an unincorporated association consisting of representatives by buildings elected in proportion to the number of households by buildings (see Supreme Court Decision 91Da4478, Apr. 23, 1991), and the representatives by buildings.

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