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(영문) 수원지방법원 2018.05.16 2016가단523404
손해배상(기)
Text

1. The plaintiff's claim against the defendants is dismissed.

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

Reasons

1. Facts of recognition;

A. The plaintiff is the council of occupants' representatives consisting of the representatives elected by the residents residing in Young-gu A apartment (hereinafter referred to as the apartment of this case) in Suwon-si, Suwon-si, and the defendant Industrial Development Co., Ltd. (hereinafter referred to as the "Industrial Development for the defendant") entered into an entrustment management contract for the apartment of this case with the plaintiff. The defendant B is an employee of industrial development for the defendant, who was the management office of the apartment of this case.

B. C was elected as the representative of 116 Dong-dong (120 households) from the 11st election for the instant apartment building, which was held on January 16, 2015, and was elected as the president of the council of occupants’ representatives from the election for officers held on March 28, 2015.

However, on April 2, 2015, 116, 13 households of the apartment of this case submitted documents requesting C to dismiss the representative of each Dong on the ground that C violated the election management regulations in the process of the 11th election of the chairman of the 11th council of occupants' representatives, and accordingly, the election commission passed the vote for dismissal of the representative of each Dong on April 16, 2015. As a result, 45 voters who are more than a majority of 62 voters were dismissed.

On April 17, 2015, the Election Commission announced that C was dismissed from the representative of the instant apartment building 11, and that C was also disqualified from all executive positions.

After that, the election commission decided on May 22, 2015 to proceed with the voting for the election of representatives from each building (total 12 units), including April 28, 2015. However, there was no person who received the candidate within the period for receiving the candidate, and there was no person who received the candidate during the period for receiving the candidate, the voting planned on May 22, 2015 did not proceed.

On the other hand, as the court 2015Gahap64509, C’s representative is “the 119 Dong representative of the instant apartment as the 119 Dong representative of the president.”

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