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(영문) 서울북부지방법원 2018.05.03 2017가합26182
동대표선출결의무효확인
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

The plaintiff is the tenant of Dongdaemun-gu Seoul Metropolitan Government B apartment (hereinafter referred to as "the apartment of this case").

The defendant is the council of occupants' representatives comprised of representatives of each Dong elected from owners or users (hereinafter "occupants, etc.") of the 28 units, 1,984 units, excluding the rental apartments of 413 units, from among 31 units, 2,397 units of the apartment of this case.

Around May 2017, the Defendant organized the second election commission (hereinafter referred to as the “second election commission”) at the second election commission (hereinafter referred to as the “second election commission”) and passed a resolution on July 7, 2017 at the first election commission meeting to hold an election to elect representatives from each apartment building of this case.

The election for the election of representatives of each Dong was held on July 7, 2017, and the representatives of each Dong were elected in the 10 constituency among the total 21 constituency (hereinafter referred to as “instant election”), and with respect to the 11 constituency constituency in which the representatives of each Dong were not elected because the voters fall short of a majority of the occupants of the relevant constituency, etc., a reelection was held on August 7, 2017, and the representatives of each Dong were additionally elected in five constituencys.

The part related to this case among the management rules and the election management rules of the apartment of this case shall be as follows.

Article 9 (Qualifications for Residents, etc.) (1) of the Act on the Management Rules of the Apartment of this case shall occur when the owner has acquired the sectional ownership of one household of multi-family housing (in the case of the first occupancy, referring to the time the project undertaker has ordered the occupants to move in), and its sectional ownership shall be extinguished when the owner has lost its sectional ownership.

(2) The employer's qualification shall occur when one household acquires a house, chonsegwon, right of lease, etc., and shall be extinguished when such right is lost.

Article 12 (Exercise of Voting Rights) (1) In case of a house of one household, one person shall have one voting right.

(3) A lessee or householder shall rent.

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