logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2017.01.20 2016가합51
동별대표자 당선 무효 확인 등
Text

1. The part of the claim for nullification of each of the instant lawsuits is dismissed.

2. The plaintiff's remaining claims are dismissed.

3...

Reasons

1. Ex officio determination as to whether the part of each of the instant lawsuits is legitimate

A. In a lawsuit seeking the decision of an elected person according to an election of an officer of a certain organization or seeking the confirmation of the invalidity of such a resolution, where a lawsuit is filed against the relevant officer, even if the judgment citing such a claim is rendered, it cannot be fundamentally resolved a dispute between the parties surrounding the relevant officer’s status since the judgment’s validity does not extend to the relevant organization. Thus, filing a lawsuit against the organization to which the relevant officer belongs, and filing a

(See Supreme Court Decision 91Da5433 delivered on August 13, 1991, etc.). Meanwhile, since the council of occupants' representatives of multi-family housing is an unincorporated association consisting of representatives from each building elected in proportion to the number of households of each building, seeking confirmation of invalidity of a resolution of election of representatives of each building is ultimately disputing the qualifications of members of the council of occupants' representatives, and thus, the council of occupants' representatives is qualified as defendant

(See Supreme Court Decision 2006Da86597 Decided September 25, 2008, etc.). B.

Judgment

In light of the above legal principles, I examine the legitimacy of each of the instant lawsuits for nullification of each of the instant resolutions.

The Plaintiff asserted that, around November 2015, the council of occupants' representatives in Seo-gu, Seo-gu (hereinafter referred to as the "instant apartment") against the Defendant and the designated parties (hereinafter referred to as the "Defendants") asserted that the election of the Defendants to the representatives of the said apartment is unlawful because it erred in the organization of the election commission, and that the resolution of appointment of the representatives by Dong-gu, Seoul (hereinafter referred to as the "instant apartment") was invalid. The Plaintiff sought confirmation that the resolution of appointment of the representatives by Dong-gu, Seoul and the president and the auditor by December 3, 2015 are invalid.

The plaintiff's claim asserts the qualification of representative for each Dong of the defendants, who are members of the council of occupants' representatives of the apartment of this case.

arrow