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(영문) 부산지방법원동부지원 2016.04.15 2015가합1702
관리단대표직무대행정지
Text

1. Of the instant lawsuits, the part of the claim for suspension of performance of duties, revocation of a resolution, and the claim for nullification are dismissed, respectively.

2...

Reasons

1. Basic facts

A. The Plaintiff is the occupant of C Apartment 505 located in Busan Metropolitan Transportation Daegu D, and the Defendant is the occupant of the above C Apartment 406.

B. Around May 2015, C apartment occupants elected one representative for each of the C apartment A, B, and C D, and expressed the affirmative or opposing opinion on the agenda subject to the management of the apartment (Ara representative and audit E, BRa representative, F, Cra representative, Cra representative, Cra representative), and 35 households among the 48 households of C apartment, among the total 48 households, present the dissenting opinions.

C. Around July 9, 2015, around July 2015, the Defendant posted a notice of the commencement of C Apartment Management from July 7, 2015 pursuant to paragraph 1-b.

[Recognition] Facts without dispute, Gap evidence 13, 14, Eul evidence 1 to 4, the purport of the whole pleadings

2. The auditor and the representative of the Plaintiff’s assertion C Apartment Management Committee respectively resigned from their respective positions around February 2015 and around April 30, 2015, and the Defendant is responsible for performing the representative duties of the C Apartment Management Committee. A.

The Plaintiff requested the Defendant, who is the representative of the C Apartment Management Committee, to publish an election announcement on the auditor and the representative of C Apartment Management Committee, who was officially attending by means of mobile phone text, public notice notice, etc. However, the Defendant, without justifiable grounds, should not only neglect the Plaintiff’s above request, neglect his/her duties, and spread publicly false facts for the purpose of preventing the Plaintiff’s representative and auditor’s candidate, and impair his/her honor by publicly spreading false facts for the purpose of preventing him/her from running his/her duties, but also perform his/her duties unlawfully

B. On July 9, 2015, the Defendant passed a resolution to elect the executive organ in writing without due process, and the above resolution must be revoked in an unlawful manner.

C. First, a series of resolutions, which have been unilaterally adopted and decided during the period of performing the Defendant’s duties, are unlawful, and thus are revoked or invalidated.

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