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(영문) 의정부지방법원고양지원 2020.12.18 2020가합71492
입주자대표회의회장 당선무효확인
Text

On June 11, 2019, the Defendant’s election of the president of the B apartment council as the Intervenor joining the Defendant is null and void.

Reasons

1. Basic facts and relevant statutes;

A. The Plaintiff and the Intervenor (hereinafter “Supplementary Intervenor”) sent out to each building’s election of the representatives of the Dong-dong, Busan-gu B apartment (hereinafter “instant apartment”) from May 21, 2019 to May 22, 2019. The Plaintiff was elected to the representative of the Dong-dong, and the assistant intervenor was elected to the representative of the Dong-dong, respectively. The term of office is from July 1, 2019 to June 30, 2021.

B. The Plaintiff and the Intervenor posted the instant apartment to the election of the president of the council of occupants’ representatives (hereinafter “instant election”), and on June 11, 2019, 527, among all 1,152 occupants, elected the said apartment to the president of the council of occupants’ representatives.

(c) Relevant statutes concerning the composition of the council of occupants' representatives, election of representatives by buildings, etc. and the details of the management rules of the apartment in this case shall be as follows

(4) No person falling under any of the following subparagraphs may become the representative of each Dong, and his/her qualification shall be lost based on the deadline for submission of documents under Article 14 (Composition, etc. of Council of Representatives of Residents):

(3) "Persons prescribed by Presidential Decree" in Article 14 (4) 5 of the Multi-Family Housing Management Act means any of the following persons:

5. A person in whose case one year (referring to two years where he/she resigns after the request for dismissal of the representative of the relevant building) has not passed from the date of resignation of the representative of the relevant multi-family housing or two years have not passed from the date of dismissal (referring to the two years where he/she resigns after the request for dismissal of the representative of the relevant building) or from the date of dismissal shall have the following executives:

1. One chairperson. (2) Executive officers referred to in paragraph (1) shall be each building pursuant to Article 14 (8) of the Multi-Family Housing Management Act;

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