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(영문) 서울고등법원 2014.10.17 2013나80551
동대표지위무효확인
Text

1. Revocation of the first instance judgment.

2. 101 Dong Ha, 102 Dong Ha, Dong Ha, Dong Ha, Dong 103.

Reasons

1. The Defendant’s first term expiration date, composed of the representatives of Dongbcheon-si B Apartment (hereinafter “instant apartment”), was December 31, 2012.

Accordingly, on November 2, 2012, the instant apartment management committee (hereinafter “Ship management committee”) publicly announced that “The representative of the occupants of the instant apartment shall be elected on November 23, 2012 in the name of the chairman of the relevant apartment management committee,” by opening a meeting under the jurisdiction of K, an extension of the term among the committee members, shall hold a private car business trip, and discuss the election schedule to elect representatives of the two buildings of this case, and on November 7, 2012, the said committee announced that “the representative of the occupants of the instant apartment shall be elected on November 23, 2012.”

In addition, on November 19, 2012, the election commission held a meeting to examine documents about candidates (103 Dong C, 105 Dong C, 105 Dong D, 202 Dong F, 303 Dong G), and discussed the remaining consent that there is no candidate, and on November 20, 2012, publicly announced that “the remaining Dong without a candidate will proceed with an election on December 8, 2012 after obtaining registration of a candidate for two days from November 27, 2012 to November 28, 2012.”

After that, the first election was held to elect the second representative of the apartment building of this case (hereinafter “the second representative of this case”) through procedures such as partial resignation from among the election committee members and new commission, and the second representative of the apartment building of this case (hereinafter “the election of this case”) was announced by the chairman of the first election committee as follows: “The representative of each Dong shall be elected from 101 to H, 102 to Y, 103 to Y, 104 to J, 105 to J, 106 to Da, 106 to E, 202 to e, 202 to 303 to e, 203.”

[Reasons for Recognition] No dispute is raised, Gap evidence Nos. 1 through 11, 24 (including serial numbers; hereinafter the same shall apply), Eul evidence Nos. 1 through 9, 12, and 15, and the purport of the whole pleadings

2. Request for nullification of the representative status;

A. The plaintiff's assertion is the cause of the claim of this case, and the apartment management committee of this case at the time of visiting voting during the Dong representative election of this case.

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