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(영문) 의정부지방법원 2016.01.14 2015가합4082
동대표선출무효확인
Text

1. Of the instant lawsuits, the part of the claim for confirmation of invalidation of the election of representatives by Dong 104 shall be dismissed.

2. The plaintiff's remainder.

Reasons

1. The plaintiff shall seek confirmation of invalidity of the election of the representative by Dong 104. The plaintiff shall seek confirmation of invalidity of the election of the representative by Dong 104.

A lawsuit for confirmation does not mean that only the relationship between the parties can be confirmed, but also with respect to the relationship between one party and a third party or the relationship between a third party, if there is an apprehension or risk to the relationship between the parties in dispute between the parties, and the other party's relationship is an effective and appropriate means to eliminate anxiety or risk to the relationship between the parties' relationship.

(see, e.g., Supreme Court Order 2009Ma168, Sept. 24, 2009). As examined below, the Plaintiff was married to Dong 102 and participated in the election of Dong 102 representative, and the Plaintiff was a resident of 102 unit.

Therefore, the effect of the election of representatives by Dong 104 is the relationship between the defendant and the third party and the residents of Dong 104 or Dong 104. The evidence submitted by the plaintiff alone cannot be said to be a valid and appropriate means to eliminate anxietys or risks in relation to the plaintiff's legal relationship.

Therefore, the above claim that the Plaintiff does not have interest in confirmation is unlawful.

2. Presumed factual basis

A. The Plaintiff was the chairman of the council of occupants’ representatives (term of office: from August 1, 2013 to July 31, 2015) of the nine period (term of office: the period from August 1, 2013 to July 31, 2015) of Dong-gu B apartment (hereinafter

B. The defendant is the council of occupants' representatives comprised of representatives of occupants in each Dong for the management of the apartment of this case.

C. The election commission of the apartment in this case has expired the term of office of the representative by Dong and the officer of the council of occupants' representatives, and around July 1, 2015.

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