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(영문) 서울북부지방법원 2013.07.18 2013가합2584
동별대표자 선출결의 무효 확인
Text

1. A resolution adopted by the Defendant on March 17, 2013 to elect C as the representative for each Dong of Dobong-gu Seoul Metropolitan Government B apartment 204.

Reasons

The plaintiff is the tenant of the Dobong-gu Seoul Metropolitan Government apartment, and the defendant is the autonomous management organization composed of representatives of the above apartment buildings.

D, who is the husband of C, resided with C in the above apartment 204 Dong 1901, and resided in the third period from February 20, 2003 to March 16, 2005, from March 17, 2007 to March 16, 2009, from March 17, 201, from March 17, 201 to 204 Dong offices from March 17, 201, and resigned from office on October 4, 2011.

On March 17, 2013, the defendant passed a resolution to elect C, the owner of the above apartment building 204 Dong 1901, as the representative of each Dong 204 Dong.

The details of the statutes related to this case and the management rules for collective housing of the above apartment are as follows:

[Enforcement Decree of the Housing Act] Article 50 (Composition, etc. of Council of Residents' Representatives) (4) No person who falls under any of the following subparagraphs may become the representative of each Dong, and his/her

9. A person in whose case four years have not passed since the resignation or dismissal of the representative of each building of the relevant multi-family housing. Article 3 (Definition of Terms and Conditions)

1. The term "occupant" means an owner of multi-family housing, or a spouse, lineal ascendant or descendant representing such owner;

Article 10 (Rights of Occupants, etc.) Occupants, etc. shall have the following rights in addition to the matters prescribed by housing-related Acts and subordinate statutes:

Provided, That the eligibility for election of the representative of each building, the chairperson of each building, and the auditor under subparagraphs 3 and 4 shall be limited to occupants (one household's house shall be eligible for election).

3. Right to be elected, to be elected, and to dismiss the representatives of each building in the constituency;

4. Eligibility for election (limited to cases where the representative is elected by Dong), suffrages for the chairperson and auditor of the council of occupants' representatives, and the right to dismiss them (Exercise of Voting Rights) (1) One voting right in a house of one household;

(2) Residents, etc. may exercise their voting rights in writing.

(3) A householder who is not an owner or the householder (if leased, etc.) shall be registered in the tenant list.

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