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(영문) 대구지방법원 2018.07.26 2017가합209987
회사에 관한 소송
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On April 4, 2017, the Plaintiff is an occupant of the Gyeonggi-si B Apartment (hereinafter “instant apartment”), and was elected by the representative of the Dong-dong “B” constituency of the instant apartment, and was elected as the president of the council of occupants’ representatives on May 8, 2017.

B. On August 28, 2017, eight persons, including residents E, etc. in the instant apartment zone Ddong, were requested to dismiss the Plaintiff’s representative by Dong on the ground that the Plaintiff had made an illegal election, such as a prior election campaign, etc., to the instant apartment election commission.

C. On October 25, 2017, the instant apartment election commission issued a dismissal vote by the representative of each Dong to the Plaintiff, and the resolution for dismissal was passed with the consent of a majority of the residents in the constituency, and the said commission publicly announced the details thereof on October 26, 2017.

(hereinafter “instant disposition”). The Plaintiff lost the status of the chairman of the council of occupants’ representatives of the instant apartment in accordance with the provision that “the representative of each Dong removed” under Article 20(2) of the instant Management Rules loses the status of the officer.

On December 19, 2017, the instant apartment election commission conducted a special election of the chairman of the council of occupants' representatives. G, the representative of the instant apartment F Dong, was elected to the chairman of the council of occupants' representatives.

E. The management rules, regulations of the Election Commission, and relevant statutes of the apartment of this case are as follows.

(2) Pursuant to Article 14 (7) of the Act, the executives referred to in paragraph (1) shall be elected from among the representatives of each building by the following methods:

1. In cases of collective housing with at least 500 households:

(a) Where two or more candidates are to be elected through an ordinary, equal, direct or secret election of occupants, etc. according to the following classification: At least 1/10 of all occupants, etc. shall vote and be a candidate:

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