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(영문) 대구지방법원 2016.07.22 2015가합203688
위자료
Text

1. The defendant directly or by the head of the management office of Daegu Jung-gu, which is appointed by the defendant, is the plaintiff's above.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant are the occupants of the Daegu Jung-gu apartment (hereinafter “instant apartment”), and the Defendant was the chairman of the council of occupants’ representatives of the instant apartment by December 31, 2014.

B. On November 28, 2014, the instant apartment election commission publicly announced that the Plaintiff, D, etc. was the representative of each Dong, and the Plaintiff was the president of the council of occupants’ representatives on December 19, 2014.

However, the above election commission decided on December 8, 2014 that “the election of the representative by Dong against the plaintiff shall be invalidated”, but the election of the representative by Dong and the chairperson by the council of occupants’ representatives shall be invalidated as of January 15, 2015 according to the result of the meeting on December 8, 2014.

‘Public announcement was made to the effect that ‘’ was made.

C. On December 31, 2014, the Defendant did not hand over the documents and goods necessary to perform the duties of the president to the Plaintiff even after the term of office expires, and received the printing expenses, etc. under the pretext of acting as the president, and exercised de facto authority of the president, such as preparing a power of attorney in various lawsuits as the president of the council of occupants’ representatives. On March 3, 2015, the Defendant appointed E, F, and G as new election management members, followed the re-election of the president of the council of occupants’ representatives from April 19, 2015 to April 21, 2015, and publicly announced Defendant D as the chairman of the council of occupants’ representatives as the chairman of the council of occupants’ representatives, and ordered D to perform duties as the chairman of the council of occupants

The management rules and the regulations of the election commission of this case related to the issue of this case are as shown in the attached Table.

[Basis] Facts without dispute, Gap's statements (including additional numbers; hereinafter the same shall apply), Gap's statements (including additional numbers; hereinafter the same shall apply) and the purport of the whole pleadings, and the purport of the whole pleadings

2. Determination

A. (i) On November 28, 2014, the election of the representative of each building on the apartment of this case on November 28, 2014, and the council of occupants’ representatives on December 19, 2014.

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