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(영문) 대구지방법원 2016.06.10 2015가합206472
입주자대표회장 지위 등 확인
Text

1. Ascertainment that the Plaintiff is the president of the Daegu Jung-gu Apartment Council of Residents' Representatives.

2. The plaintiff's defendant C.

Reasons

1. Determination as to the claim

A. When there is no dispute between the parties to the judgment on the claim against the defendant B's council of occupants' representatives, or according to Gap's evidence Nos. 1 through 5, and Gap's evidence Nos. 13 through 60, the following facts are acknowledged and comprehensively taken into account, the plaintiff was elected as the chairperson of the council of occupants' representatives of the apartment of this case by obtaining the consent of a majority of occupants pursuant to the management rules of the apartment of this case. The defendant B's council of occupants' representatives (hereinafter "the defendant's council")

(1) The Defendant’s council of occupants’ representatives consists of 45 households of the instant apartment, and the Plaintiff and Defendant C are the occupants of the instant apartment.

(2) The Defendant’s council of occupants’ representatives elected the Plaintiff as the president in accordance with the instant apartment management rules at the general meeting held around March 2014 and around January 2016.

B. The Plaintiff’s determination on the claim against Defendant C is interfering with the Plaintiff’s business by refusing to submit a letter of resignation as the former president or the representative, etc. However, there is no clear evidence that the evidence submitted by the Plaintiff alone is sufficient to recognize the claim.

2. Accordingly, the plaintiff's claim against the defendant's council of occupants' representatives against the defendant is accepted on the grounds of merit, and the claim against the defendant C is dismissed as it is without merit. It is so decided as per Disposition

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