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(영문) 서울행정법원 2015.03.26 2014구합68478
입주자대표회의 구성신고 수리거부처분 취소
Text

1. The defendant revokes the disposition to refuse to accept the report of the composition of the council of occupants' representatives on August 18, 2014, which the plaintiff stands against the plaintiff.

2...

Reasons

1. Basic facts

A. The Plaintiff is an association that is not a legal entity comprised of representatives from the above apartment buildings in accordance with the Housing Act-related regulations in order to manage multi-family housing and ancillary facilities within a multi-family housing complex in Gangnam-gu Seoul Metropolitan Government (hereinafter “C apartment”).

B. The “C Apartment Management Rules” (hereinafter “Management Rules”) was enacted on December 20, 1981 and has been amended several times. Among them, the contents relating to the “term” of the representatives of each Dong and the officers of the council of occupants’ representatives are as shown in attached Table 1.

The current "C Apartment Management Rules" shall have the provisions of Articles 19-2 and 19-3 concerning the "qualification of representatives of each Dong", and the details thereof are as shown in attached Form 2.

C. The term of office of the representatives of the C Apartment 24 buildings has expired on November 30, 201, and on June 7, 2012, representatives of the 25 buildings were elected.

On April 7, 2014, the chairperson of the C Apartment Election Commission made the registration of candidates for representatives by buildings and the election announcement.

The above notice states that the term of office of the representatives of the 26th buildings to be elected is two years (from June 8, 2014 to June 7, 2016).

In addition, the grounds for each subparagraph of Article 19-2 of the Management Rules are listed in the request to be "a person who does not fall under the qualification of the representative, etc. of each Dong" or "a person who does not fall under Article 19-3 (Restriction on Qualification of Representative, etc. of each Dong) of the Management Rules."

E. On May 9, 2014, the Defendant’s rejection of the candidate registration documents for representatives by buildings on the grounds that it falls under Article 19-21 and Article 19-34 of the Management Rules, stating that the Defendant is “Article 50(4) of the Enforcement Decree of the Housing Act” in the official document, but this appears to be a clerical error under Article 50(4) of the Enforcement Decree of the Housing Act, which appears to be a clerical error under Article 50(4) of the Enforcement Decree of the Housing Act.

Since it is based on the invalid management rules in violation of such rules, it shall be corrected, and two representatives.

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