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(영문) 서울남부지방법원 2015.11.27 2014가합11810
운영위원회결의무효확인
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a sectional owner holding Nos. 101, 102, and 103 of Geumcheon-gu Seoul Metropolitan Government (hereinafter “instant building”).

The defendant is a deliberative body composed of representatives from each floor of the building of this case.

B. On May 27, 2013, the Defendant publicly announced the election of representatives from each floor of the instant building; around June 2013, the Plaintiff’s employees C, who were delegated by the Plaintiff, applied for the election of the representative from the first floor of the instant building, and the voting was held. Around July 17, 2013, the Defendant examined the qualification for the representative from the new floor.

Article 3 (Definitions of Terms)

1. The term "occupant" means the owner of the sectional ownership (the part of the building which is the sectional ownership) of "Bwork";

2. The term "user" means a person other than an occupant, who leases and uses it;

3. The term "occupants, etc." means occupants and users;

Article 8 (Rights of Occupants, etc.)

1. The rights of occupants, etc. shall be as follows:

8-1.3. The right to elect the representative of the floor and of non-Confidence;

2. An employer may, with the delegation of an occupant, exercise rights other than those referred to in subparagraphs 4 through 8 among those under each subparagraph of paragraph (1).

Article 15 (Election of Representatives by Floors)

1. The total number of representatives on each floor that constitutes the Steering Committee shall be 19 persons in total, and the representatives on each floor shall be as follows:

15-1.1.1 2 underground - one for each 20th above ground (excluding parking lots).

2. The election of representatives by story shall be made with the written consent of a majority of occupants of each story;

(Provided, That "user" has the right to elect but shall not be elected as a representative for each floor). Article 17 (Disqualifications, etc. for Representative for Each Floor)

2. If a representative of each floor falls under any of the following cases, he/she may be dismissed by a resolution of a majority of members of the Steering Committee:

In such cases, a person who falls under subparagraphs 7 through 8 shall be deemed naturally dismissed.

17-2.8 At least 2/3 of the occupants, etc. of the relevant floor, elected as representatives by each floor.

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