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(영문) 의정부지방법원 2014.09.05 2013가합12973
입주자대표회의 회장 해임무효확인
Text

1. The part of the lawsuit in this case against Defendant B Apartment election commission is dismissed.

2. The plaintiff.

Reasons

1. Basic facts

A. Defendant B apartment council of occupants’ representatives (hereinafter “Defendant’s council”) consists of 101 and 230 households, 102 and 230 households, 103 and 92 households, 552, 3, 552, 552, 552, 103, and 103.

(2) The Defendant B Apartment Election Commission (hereinafter “Defendant Election Commission”) constituted a sectional owner of the apartment of this case (hereinafter “the apartment of this case”). The Defendant B Apartment Election Commission (hereinafter “Defendant Election Commission”) constituted pursuant to the instant apartment management rules, and is an institution in charge of election management affairs concerning the enactment and amendment of the instant apartment management regulations and the election and dismissal of the representatives of each Dong. The Plaintiff was elected as the representative of the instant apartment of this case on October 2013 and was elected as the chairperson of the Defendant’s Council of Representatives’ Council.

B. On September 16, 2013, the Defendant’s council of occupants’ representatives announced the instant apartment project to select a controlled entity, and four companies including C Co., Ltd. (hereinafter “C”) participated in the bidding, and C was selected as a controlled entity of the instant apartment project by voting on October 24, 2013.

C. On October 28, 2013, the Defendant’s council of occupants’ representatives offered money and valuables to E, etc. in order to influence the results of the selection of controlled entities of the instant apartment, and the proposal of “long-month free service” contained in C’s proposal is in violation of the Unfair Competition Prevention Act, and thus, C was required to exclude C from the selection of controlled entities of the instant apartment. On November 4, 2013, the Defendant’s council of occupants’ representatives submitted a written opinion that C should exclude C from the selection of controlled entities. On October 15, 2013, the Defendant’s council of occupants’ representatives offered money and valuables to the Plaintiff, E, and F, etc. to influence the results of the selection of controlled entities.

The 12 occupants of the apartment of this case shall be the 103 occupants on November 5, 2013.

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