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(영문) 부산지방법원 2019.04.04 2018구합24330
입주자대표회의 구성(변경) 신고 반려처분 취소
Text

1. The instant lawsuit shall be dismissed.

2. The costs of the lawsuit shall be borne by B;

Reasons

The process of selecting the representative of the plaintiff and the process of selecting the representative of the plaintiff in the process of the instant disposition is a non-corporate association comprised of representatives of each building of 2,716 households A Apartment (hereinafter "the instant apartment") located in Busan-gu, Busan-gu.

B was elected from July 1, 2010 to June 30, 2012 by the Plaintiff’s representative for each Dong (the term of office from July 1, 2010 to June 30, 2012) and its term of office expired on June 30, 2012.

In accordance with Article 50(7) of the former Enforcement Decree of the Housing Act (amended by Presidential Decree No. 22269, Jul. 12, 2010), a provision that a representative of each multi-family housing may be reappointed only once pursuant to Article 50(7) of the former Enforcement Decree of the Housing Act, the Plaintiff amended Article 18(2) and (3) of the Management Rules on Nov. 1, 201 as follows.

Article 18 (Term of Office of Representative of each Dong) (2) The term of office of the representative of each Dong shall be two years, but he/she may be reappointed only once.

(3) Where resignation or dismissal is made after the commencement of his/her term of office, it shall not be calculated during his/her term of office.

B was elected from July 1, 2012 to June 30, 2014 by the Plaintiff’s representative for each Dong 19 (the term of office from July 1, 2012 to June 30, 2014), and the term of office expired on June 30, 2014, and again, the Plaintiff was elected as the representative for each Dong 20 period (the term of office from July 1, 2014 to June 30, 2016) and resigned on December 10, 2014.

After that, B was elected as the representative of the 22th Dong (the term of office from July 1, 2018 to June 30, 2020) and the president.

On June 11, 2018, the Plaintiff reported to the Defendant on the formation (change) of the council of occupants' representatives.

On June 15, 2018, the Defendant notified the Plaintiff on the ground that “the representative of each Dong shall be elected for each constituency pursuant to Article 11(1) of the Enforcement Decree of the Multi-Family Housing Management Act,” and notified the Plaintiff on June 29, 2018, to supplement the Plaintiff by July 2, 2018.

On July 16, 2018, the defendant sent the second demand to the plaintiff on July 16, 2018, but the supplement is not completed.

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