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(영문) 창원지방법원 2015.11.26 2015가합1925
대표자지위부존재확인
Text

1. The Defendant’s Intervenor confirms that the Defendant’s 205 Dong-dong representative does not serve as the Defendant’s representative.

2. The costs of lawsuit;

Reasons

1. Facts of recognition;

A. The plaintiff is the representative of the council of occupants' representatives at the window B apartment at Changwon-si, Changwon-si (hereinafter "the apartment of this case").

B. The term of office of the 14th council of occupants’ representatives of the instant apartment was from January 1, 2010 to December 31, 2011. The representative of the 205 Dong Dong Dong, who resides in the Defendant joining the Defendant, resigned during the said term of office. On August 23, 2010, the Defendant joining the Defendant was elected as the representative of the instant apartment by Dong 205 unit.

C. After that, the Defendant’s Intervenor was elected as the representative for each Dong of the 15th council of occupants’ representatives during the instant apartment period, the term of office from January 1, 2012 to December 31, 2013. Furthermore, the Defendant was also elected as the representative for each Dong of the 16th council of occupants’ representatives regarding the instant apartment period, the term of office from January 1, 2014 to December 31, 2015.

On the other hand, on July 6, 2010, the Enforcement Decree of the Housing Act was amended to the following contents, and accordingly, the apartment management rules of this case were added as follows:

(7) Article 50 of the Enforcement Decree of the Housing Act (amended by Presidential Decree No. 22254, Jul. 6, 2010; hereinafter referred to as the "Enforcement Decree of the Housing Act") (7) The term of office of the representative of each Dong shall be two years, but he/she may be reappointed only once.

Article 1 (Enforcement Date) This Decree shall enter into force on the date of its promulgation.

Article 2 (Application Cases concerning Election of Representatives, etc. by Building) (2) Article 50 (7) shall apply to representatives by buildings first elected after this Decree enters into force.

Article 19 (Term of Office, etc. of Representatives and Executive Officers) (1) The term of office of representatives by buildings shall be two years (from January 1 to December 31 of the following year), and they may be reappointed only once.

【Facts without dispute over the grounds for recognition, entries in Gap evidence 1 through 9, and purport of the whole pleadings

2. Summary of the parties' arguments

A. The Plaintiff’s summary of the Plaintiff’s assertion is that the Intervenor joining the Defendant on July 6, 2010.

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