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(영문) 서울중앙지방법원 2015.11.12 2015가합14919
입주자대표회의회장 등
Text

1. Ascertainment that the plaintiff is the chairperson of the defendant.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Basic facts

A. The parties to the case 1) The defendant is composed of B Apartments in Jongno-gu Seoul Metropolitan Government (124 households and non-Dong Officetel 124 households and the total of 422 households in the non-Dong apartment and 298 households in the non-dong apartment, and hereinafter the whole "the apartment of this case").

(2) On December 2013, 2013, the council of occupants’ representatives consisting of the representatives of the occupants by buildings. The Plaintiff was elected as the chairperson of the Defendant at the council of occupants’ representatives comprised of the representatives by buildings, and then elected as the chairperson of the Defendant. 2) The Defendant held a special election and elected the representatives by buildings including the Plaintiff.

However, the defendant, on October 23, 2014, held an election for the election of representatives from the fourth Dong on the date when the term of office of representatives from the above Dong was determined by the tenant.

The plaintiff was elected as the representative of each apartment building in the above election, and the council of occupants' representatives held on October 29, 2014 elected as the chairperson of the defendant.

B. According to the election commission’s notice on February 3, 2015, the Plaintiff’s dismissal voting 1) according to the election commission’s member notification on February 3, 2015, the Chairperson is D, E, and F (hereinafter “instant election commission”).

(2) On February 10, 2015, the election commission of this case issued a notice to the Plaintiff on February 13, 2015 to the effect that the Plaintiff’s representative’s dismissal voting by each Dong is held on February 13, 2015, and that the Plaintiff’s visit voting was held from February 10, 2015 to February 12, 2015, and that the reason for dismissal and supporting materials are posted on the bulletin board and on the elevator, and distributed the content and materials of the posting to each household. 2) The election commission of this case conducted a dismissal voting by means of visiting the 149 households moving apartment from February 10, 2015 to February 13, 2015.

(hereinafter “instant resolution of dismissal”). 3 On February 14, 2015, the instant election commission: (a) 100 households out of 149 households, among the entire 149 households, of the apartment buildings moving to the Plaintiff as a result of the representative’s resolution of dismissal against each Dong.

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