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(영문) 서울남부지방법원 2014.07.24 2013가합17057
당선무효확인
Text

1. The instant lawsuit shall be dismissed.

2. Of the litigation costs, 50% is borne by the Plaintiffs, and the remainder 50% is borne by the Defendant, respectively.

Reasons

1. Basic facts

A. The Yangcheon-gu Seoul Metropolitan Government A apartment (hereinafter referred to as the “instant apartment”) is a single building consisting of 94 households and 8 commercial buildings, each of which consists of 94 households and 94 commercial buildings, each of which consists of 1 Ra to 7 Ra from the Ra to 7 Ra.

The plaintiffs are the occupants and owners of the apartment of this case, and the defendant is the council of occupants' representatives comprised of seven representatives elected from seven Ra and one representative elected from the commercial building (hereinafter referred to as "Rain representative") pursuant to the management rules of the apartment of this case.

B. The occupants of the instant apartment from December 13, 2012 to December 15, 2012, were voting to elect the 2,3,5,6, and7 Lone Representative and Lone Representative and Lone Representative for the purpose of election of the 2,5,6, and7 Lone Representative for the purpose of election of the 2,3,5,6, and7, and from December 27, 2012 to December 28, 2012, were voting to elect the 1,4, respectively.

8 members elected in the above voting were held by the council of occupants' representatives at around that time and elected the representative C as the chairperson of the defendant.

C. The instant resolution submitted a letter of resignation by the council of occupants’ representatives held on August 13, 2013, and the Defendant, on the same day, elected B as the president by a resolution of seven other than the above C.

After the filing of the instant lawsuit, Article 15(2) of the former Management Rules (referring to the management rules prior to the amendment, April 2, 2014; hereinafter the same) provides that “The Rain Representative shall be elected with the consent of a majority of occupants of the relevantRa,” but B received seven marks from 14 households, who are 2Ra in the election of Rain Representative No. 2, and thus, he did not obtain the consent of a majority of 2Ra occupants (not less than 8 marks), and accordingly, B did not meet the qualification of Rain Representative, which is a prerequisite for being elected as the Defendant’s representative, and accordingly, B filed the instant lawsuit by asserting that the resolution selecting B as the Defendant’s representative is null and void.

However, the lawsuit of this case continues.

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