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(영문) 부산고등법원 2020.01.15 2019나54446
동대표 해임투표 무효확인 등
Text

1. Revocation of a judgment of the first instance;

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. 1) The instant apartment is a multi-family housing comprised of 2,027 households located in Ulsan-gu, Ulsan-gu, and the Defendant is the council of occupants’ representatives comprised of representatives from each building of the instant apartment. 2) The Plaintiff was elected as the representative of the instant apartment and the chairperson of the 9th council of occupants’ representatives from June 1, 2015 to May 31, 2017.

B. On May 8, 2017, the election of the representative of the 10th apartment building in the instant case, and the election of the 10th chairman and the 10th chairman of the Defendant’s 10th election procedure, etc. were held, and the 21th representative of the 25th unit among the total 25 units of the apartment building in the instant case was elected. At that time, the Plaintiff was elected as the 10th unit of the instant apartment building. The election commission of the instant apartment in the instant case was undergoing the election for the chairman and the auditor of the 10th unit of the Defendant, and the Plaintiff also registered as the 10th unit of the said election procedure as the 10th unit chairman and the 10th unit of the audit.

On May 17, 2017, the Plaintiff: (a) held a council of occupants’ representatives to present a proposal to dismiss all election management members on the grounds that “the election management commission failed to properly manage the election, such as neglecting the control over damage to posters and spread of wills;” and (b) made a resolution to dismiss all election management members at the council of occupants’ representatives on the same day.

3. As the above dismissal of all election management members was delayed for a considerable period of time, E, the head of the management office of the apartment of this case, as the head of the management office of the apartment of this case, shall be the representative of the Dong 10 on June 5, 2017, based on Article 37(2) of the Management Rules of the apartment of this case.

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