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(영문) 대전지방법원 2017.03.30 2016가합106135
회장지위확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

In fact, the defendant is a local government established to represent the occupants of the apartment complex located in Daejeon and to support the affairs of each representative meeting.

On February 26, 2013, the Plaintiff was a member of the Defendant based on the status of the representative of each Dong of the Jung-gu Daejeon apartment (hereinafter “instant apartment”), and was elected as the chairperson of the Defendant through a special election on February 26, 2013 (the expiration of the term on December 31, 2013).

On November 6, 2013, the Plaintiff was elected as the chairman of the Defendant’s next term. However, the Plaintiff’s term of office of the representative of each apartment building of this case expired on November 9, 2013, and the Plaintiff was left in the election of the representative of each Dong but was not elected.

On March 7, 2014, the Daejeon District Court 2013Kahap1236 rendered a decision to appoint D as an acting representative, on the ground that the Plaintiff was disqualified for executive officers.

D, an acting representative, was elected as the chairperson of the defendant at an extraordinary general meeting held on May 1, 2014. However, on November 13, 2014, the defendant's vice-chairperson E, etc. received a letter of appointment from other organizations that are not higher organizations than the defendant's higher organizations.

On November 27, 2015, the plaintiff was elected as the chairperson through an emergency standing committee and an emergency general meeting convened in accordance with the above request.

Unlike the above selection of the Plaintiff’s president, F, whose term of office expires, followed D’s followed, and was appointed as the Defendant’s president on January 21, 2016. The registration was completed on March 10, 2016.

The contents of this case in the defendant's articles of incorporation are as follows.

Article 2 (Purpose) The Assembly shall represent the occupants as the autonomous body of representatives of apartment occupants of the Daejeon Metropolitan City, and shall be held at each representative meeting in accordance with the Housing Act and subordinate statutes through friendship and unity between members.

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