(영문) 수원지방법원 2019.11.27 2018가합1950

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(영문) 수원지방법원 2019.11.27 2018가합1950

입주민대표직 당선무효

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1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The Defendant is a council of occupants’ representatives comprised of B apartment units with a total of 72 households located in Suwon-gu, Suwon-si, Suwon-si (hereinafter “instant apartment units”). The Plaintiff, from around 2009, resigned on April 1, 2018 when performing the duties of the representative of occupants of the instant apartment units.

B. On April 4, 2018, the apartment building of this case announced a convocation announcement to hold an emergency countermeasure committee in April 7, 2018 as the name of the emergency countermeasure committee, and on the same day, C was elected as the chairperson of the defendant (hereinafter “election of the chairperson of this case”).

C. The provisions relevant to this case in the management rules of apartment of this case are as follows.

Article 2 (Definition of Terms) The definitions of terms used in this Code shall be as follows:

1. The term "occupant" means the owner of the section for exclusive use of multi-family housing which is the object of sectional ownership.

2. The term "user" means a person other than an occupant, who resides in an apartment house.

3. The term “section for exclusive use” means the section of the building which is the object of sectional ownership.

Article 7 (Qualifications, etc. for Residents) 1) A person who acquires or loses the right to ownership of a section for exclusive use shall report to the management authority without delay the person who newly acquires or loses the right to ownership of the section for exclusive use.

Article 8 (Rights of Occupants, etc.) An occupant shall have the following rights: (1) A right to use the section for exclusive use for the purpose of residence. (2) A right to use the section for common use as prescribed by the relevant regulations. (3) A right to elect a representative for each building. (4) A right to be elected to be the representative for each building (limited to a person who has resident registration in the relevant section

(5) The right to enact and amend the management rules.

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