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(영문) 의정부지방법원 2017.04.05 2016가합1523
입주자대표회의 회장 지위 확인 등
Text

1. The defendant is in the position of the chairperson of the council of occupants' representatives at the third apartment (from July 1, 2015 to June 30, 2017).

Reasons

1. Basic facts

A. The plaintiff's third apartment of this case is the chairman of the council of occupants' representatives who held the third apartment of this case 1) The plaintiff is the apartment house with 998 household units in Yangju-si (hereinafter "the apartment of this case").

(2) On July 2013, the Plaintiff was elected as the 2nd unit 113 unit 113 unit 703 unit 7, while residing in the 113th unit 703 unit 703 unit , and was elected as the 2nd unit 113 unit 1. From July 1, 2013 to June 30, 2015, the Plaintiff was elected as the 2nd unit 113 unit 13 unit 1, from the 3rd unit 3rd unit 3 unit 1 to June 30, 2015 (from July 1, 2015 to June 30, 2017). The Plaintiff was elected as the 3rd unit 113 unit 113 unit 2 from the 3rd unit 3rd unit 2015 unit 205 unit 2.

3) On September 11, 2015, the chairperson of the instant apartment management committee publicly announced that the Plaintiff was elected as the chairperson of the third council of occupants’ representatives at the time of the instant apartment construction and issued a certificate of election to the Plaintiff. (B) Meanwhile, on August 26, 2015, the chairperson of the second council of occupants’ representatives at the time of the instant apartment construction, filed an objection to the instant election with the chairperson of the election management committee on August 26, 2015, and on August 26, 2015, C, D, E, F, G (hereinafter referred to as “election members”), which is an election management member, posted a notice stating “public notice of invalidation of the election of the chairperson of the third council of occupants’ representatives at the time of the instant election,” under the title “public notice of invalidation of the election of the chairman of the third council of occupants’ representatives at the time of the instant election, and it was confirmed as a result confirmed by the election management committee, and thus, the third chairman of the election management committee will be elected.”

In this case, "the decision to invalidate the election of the president against the plaintiff in the name of the above election commission."

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