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(영문) 서울남부지방법원 2012.08.31 2012노775
문서손괴등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. In full view of the evidence duly admitted and examined by the lower court and the trial court, the following facts are recognized.

A. According to Article 16 of the management rules, the council of occupants' representatives is composed of seven (4) representatives of each Dong (Ra), and the officers (president, auditor, and director) shall be elected with the consent of a majority of occupants' representatives. (i) The D Apartment in Yangcheon-gu Seoul is composed of seven (7) Ra and a total of 94 (excluding shopping) 94 (excluding shopping).

The defendant and E are occupants of the apartment of this case, and E were the chairman of the council of occupants' representatives in 2010.

To form the council of occupants' representatives in December 20, 201, Luxembourg, upon the registration of the representative of each Dong around December 20, 201 and on January 11, 201, decided to hold the neighbor's meeting to elect the representatives of eachRa.

On January 11, 201, at the neighbor's meeting held on January 11, 201, K (1Ra), Defendant (2Ra), M (3Ra), I (4) and N (7Ra) were elected as D, and 5 and 6 decided to be elected later due to the lack of candidates. A large number of participants, including the Defendant, presented an opinion that the council of occupants' representatives should be elected at the same place (the agenda to be elected at the time was not open to the neighbor's meeting), and 46 of residents, who attended the neighbor's meeting, who attended the neighbor's meeting, were elected as the Chairperson.

Article 22(1) of the Civil Procedure Act provides that the defendant shall take over the president’s position on January 20, 201, but on January 19, 201, the representative of Linman’s position raises an objection on the ground that there is a problem in the process of the president’s election. On January 25, 2011, the defendant refused to take over the non-Confidence resolution, and then the defendant’s written consent was obtained from the 64 occupants to dismiss the defendant.

B. (i) Documents Injury, etc. (E, etc.) asserts that the procedure for election of the new president is unlawful in the process, and that the procedure for election of the new president is unlawful on the elevator bulletin board of the instant apartment.

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