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(영문) 부산고등법원 2017.05.17 2016나2789
계약존속확인
Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) against the instant principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be the principal lawsuit.

Reasons

1. The reasoning for the court’s explanation concerning this case is as stated in the reasoning for the judgment of the court of first instance, except where the following items are used or added as follows. Thus, it shall be cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

Under the 5th page, the contents of the 2nd to 6th page “(2)” shall be as follows:

(1) The determination of management methods of multi-family housing under Article 52 (Determination, etc. of Management Methods) (1) of the Act shall be made by a resolution of the council of occupants' representatives or by at least 1/10 of all occupants, etc., and shall be made by a resolution of the majority of all occupants, etc., and by a resolution of the majority of all occupants, etc., and shall be made by a resolution of the majority of all occupants, etc.

The council of occupants' representatives shall select a housing management operator by means of competitive bidding publicly notified by the Minister of Land, Infrastructure and Transport pursuant to Article 43 (7) 2 of the Act: Provided, That where a housing management operator whose contract period has expired is re-selected as the managing body of the relevant multi-family housing, the council of occupants' representatives may make a decision with the consent of at least 2/3 of the members of the council of occupants' representatives, only if at least 1/10 of occupants, etc. do not raise an objection in writing, as a result of hearing their opinions in advance from occupants, etc. in accordance with the procedures set out in the management rules. The portion of the "SISISISISISISI

In addition, Article 52 (1) of the former Enforcement Decree of the Housing Act is an occupant in light of the form and content of the provisions of the former Enforcement Decree of the Housing Act.

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