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(영문) 서울북부지방법원 2016.07.06 2015가합3123
지위부존재확인등
Text

1. Of the instant lawsuits, the part of the claim for nullification of the reappointment of the president of the council of occupants' representatives is dismissed.

2. The Defendant’s April 2015.

Reasons

1. Basic facts

A. The defendant is a non-corporate group composed of representatives from each person of B apartment located in Seoul Special Metropolitan City, Nowon-gu (hereinafter "the apartment of this case"). The plaintiff is a resident who completed the resident registration on April 20, 2006 of the above apartment of 101 and 206.

B. At the 5th session on April 17, 2015, the Defendant: (a) revised Article 18(1) of the instant apartment management rules to the effect that “the term of office of eachRain representative shall be two years, but may be renewed only once” (hereinafter the amended management rules shall be referred to as “instant management rules”; (b) the amended rules shall be referred to as “previous management rules”; and (c) passed the procedures for reconvening the existing rules in accordance with the amendment of the instant management rules; (d) passed the procedures for obtaining consent to the reappointment of eachRain representative; and (e) 89 of the occupants, etc. of the instant apartment complex, agreed to the amendment of the said management rules, among the total 115 occupants, etc. of the instant apartment management rules.

C. The contents of the instant management rules pertaining to the instant case are as follows.

(other than paragraph 1 of Article 18 amended, the remainder shall be the same as the previous management rules). Article 3 (Definition of Terms)

1. The term "occupant" means the owner of multi-family housing, or his/her spouse or lineal ascendants or descendants representing the owner;

2. The term "user" means a person other than an occupant, who leases and uses multi-family housing;

3. The term "occupants, etc." means occupants and users;

Article 10 (Rights of Occupants, etc.)

1. In addition to matters prescribed by housing-related Acts and subordinate statutes, occupants, etc. shall have the following rights:

Provided, That the eligibility for election of the chairperson of aRain representative under subparagraphs 3 and 4 shall be limited to the occupants (one household shall have one voting right for a house).

(3) The right to be elected for each electoral district and the right to dismiss a representative.

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