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(영문) 부산지방법원 2020.01.08 2019가합46660
동대표회장 지위 부존재 확인의 소
Text

1. The part of the lawsuit in this case against the primary defendant shall be dismissed.

2. The plaintiff and the conjunctive defendant are the primary and primary.

Reasons

1. Facts of recognition;

A. Preliminary Defendant is an autonomous resolution body that consists of 54 occupants, etc. of one of the 54 households located in Geum-gu Busan (hereinafter “instant apartment”) and the Plaintiff is an occupant of the instant apartment E, and the primary Defendant is an occupant of the instant apartment E.

B. Around July 19, 2017, the Plaintiff was elected as the conjunctive Defendant’s president. On July 19, 2018, the conjunctive Defendant held a general meeting of the neighbor’s meeting and passed a resolution to dismiss the Plaintiff from the conjunctive Defendant’s president (hereinafter “instant dismissal resolution”).

C. On December 21, 2018, the conjunctive Defendant held a general meeting of the neighbor’s meeting and passed a resolution to elect the primary Defendant as the president, G, and H as the auditor (hereinafter “instant resolution of appointment”). D.

On the other hand, the main contents of the management regulations of the apartment of this case are as follows.

The purpose of Article 1 (Purpose) of the Management Rules of the apartment of this case is to promote the common interests of the occupants and users (hereinafter referred to as the "occupants, etc.") and to secure a good residential environment by prescribing necessary matters concerning the management or use of apartment houses pursuant to Articles 44 (2) and 57 (1) of the Housing Act.

Article 11 (Totals of Occupants, etc.) (1) In addition to the matters prescribed by the Housing Act and subordinate statutes, occupants, etc. shall determine the following matters with the written consent of a majority of all occupants, etc. (the relevant Dong

1. Election of representatives for each Dong and non-Confidence in the relevant consent;

2. Election of the chairman of the council of occupants' representatives under the proviso of Article 17 (3);

3. Dissolution and improvement of the defective council of occupants' representatives under Article 18 (4) (1) The fixed number of the representatives by buildings constituting the council of occupants' representatives shall be five in total, and they shall be elected according to the ratio of commercial buildings and housing under Article 50 (1) of the Enforcement Decree of the Housing Act.

(2) The representatives of each building shall hold meetings of neighborhood meetings.

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