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(영문) 부산고등법원 2018.06.15 2017누24295
신고서 보완통지 취소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The following facts do not conflict between the parties, or are recognized by the respective descriptions of Gap evidence Nos. 1 through 10 (including each number), and the purport of the whole pleadings.

A. The Plaintiff was elected as the president of the council of occupants’ representatives on April 9, 2014, as the occupant and the representative of the 108-dong and 108-dong apartment (hereinafter “instant apartment”).

B. On July 1, 2015, the election commission of the instant apartment, following the procedure for the dismissal voting against the Plaintiff, dismissed the Plaintiff from the position of the president of the council of occupants’ representatives of the instant apartment and the representative of each Dong.

C. The Plaintiff filed a lawsuit seeking nullification of dismissal against the council of occupants’ representatives of the instant apartment as the Ulsan District Court 2015Gahap22393, and the said court rendered a favorable judgment on October 26, 2016.

After notifying the election commission of the instant apartment, the Plaintiff was again elected as the representative of the instant apartment building by Dong and the president of the council of occupants' representatives through the election at the end of October 2016.

E. On November 4, 2016, the Plaintiff submitted to the Defendant a written report, such as the formation of the council of occupants' representatives with the purport that the Plaintiff was elected as the president of the council of occupants' representatives of the instant apartment. However, on November 24, 2016, the Defendant issued a notification to the Defendant on the ground that “the Plaintiff, on July 1, 2015, was dismissed from the representative of the instant apartment on July 1, 2015, and two years have not yet passed since he/she was dismissed from office in the representative of the building of the instant apartment, and that he/she cannot become the representative of the building of the instant apartment and the council of occupants’ representatives pursuant to Article 14(4) of the Multi-Family Housing Management Act and Article 11(3)5 of the Enforcement Decree of the same Act.”

2. The rejection of acceptance and notification of this case shall be subject to appeal litigation.

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