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(영문) 부산지방법원 동부지원 2018.07.19 2018가합168
당선무효확인
Text

1. The election of C and D in the election of the representative of each Dong in Busan Shipping Daegu apartment complex, which was held by the defendant around August 2017.

Reasons

1. Basic facts

A. Busan Shipping Daegu apartment (hereinafter “the apartment of this case”) consists of 8 Dong (101 Dong and 108 Dong), and the plaintiff is a resident of the apartment of this case, and the defendant is a non-corporate group composed of representatives from each Dong of the apartment of this case.

B. On August 13, 2017, the election commission of the instant apartment, which took place around July 2017, confirmed that the representatives of some buildings by buildings elected at the 6th election of representatives by buildings in the instant apartment building, violated the provisions on the restriction on termination under the management rules of the instant apartment, and that the election commission of the instant apartment again held the representatives by buildings only for some buildings of the instant apartment between August 19, 2017 and 20.

C. Therefore, the election commission of the instant apartment was publicly announced on August 14, 2017 for the re-election of representatives by buildings, and the date of registration of candidates from August 14, 2017 to August 14.

8. 18. A.m. 12:00 on a.m. (Provided, That the registration of candidates shall be completed on a first-come first-served basis).

Since August 19, 2017, the re-election voting by each Dong was held from August 19, 2017, and C was elected as 102 representatives, and D was elected as 107 representatives.

In addition, in the election of executive officers of the defendant on August 31, 2017, C was elected as the chairperson of the defendant and D as the vice-chairperson of the defendant.

E. Meanwhile, after the filing of the instant lawsuit, the Defendant: (a) held a new election of executive officers; and (b) elected E as the new chairperson of the Defendant.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap 1 through 5 (including the case of additional number; hereinafter the same shall apply) and the purport of whole pleadings

2. The following circumstances, i.e., the procedures for the election of representatives by buildings under Article 19(1)3 of the Enforcement Decree of the Multi-Family Housing Management Act, are to be prescribed by the management rules of multi-family housing, and the representative by buildings under Article 22 of the management rules of the apartment of this case.

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