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(영문) 서울서부지방법원 2018.04.12 2017가합39122
동대표선거무효 확인
Text

1. All part of the instant lawsuit’s claim for confirmation is dismissed.

2. The plaintiff except the above dismissed part.

Reasons

1. Basic facts

A. The defendant is an autonomous management organization that is organized by the occupants to manage the 19-dong 2,036 households of Yongsan-gu Seoul Metropolitan Government apartment complex B (hereinafter “the apartment of this case”).

The plaintiff is an occupant of 210 Dong-dong 306 of the apartment of this case.

B. On October 29, 2016 and November 14, 2016, the instant apartment election commission announced the 12th election of representatives from each Dong (hereinafter “instant election announcement”) pursuant to Article 14 of the Multi-Family Housing Management Act and Article 17 of the Management Rules prior to the expiration of the term of office of the representative from the 11st building of the instant apartment ( December 31, 2016) (the term of office between January 1, 2017 and December 31, 2018), pursuant to Article 17 of the Multi-Family Housing Management Act.

C. Article 17(3) of the Management Rules of the apartment of this case provides that where the candidate of the representative of each Dong has two or more persons, the multi-user shall be elected (Article 17(1)); where the candidate is one, the one shall be elected with the consent of a majority of the occupants, etc., and with the consent of a majority

Accordingly, in the election announcement of this case, when registering the sole candidate, the majority of the election district concerned shall be approved, and when registering the multiple candidates, the multi-party who obtained the votes shall be determined as each elected person.

In accordance with the foregoing announcement, in the election of the representative of the 12 buildings of this case (hereinafter “instant election”), which was implemented on November 30, 2016, the Plaintiff and C were as the 210 representative representatives of the instant apartment.

Of 210 electors, 23 of 128 electors participated in the above voting, and 16 of them were voting to C, and 7 of them were voting to the Plaintiff respectively.

E. The instant apartment election commission publicly announced that C was elected as the representative of each Dong Dong 210, based on the above voting result.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings

2. Summary of the plaintiff's assertion

A. According to the Multi-Family Housing Management Act and the Decree on the Preliminary Confirmation of Multi-Family Housing Management, where multiple candidates are elected, a majority of all occupants, etc.

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