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(영문) 부산지방법원 2017.11.01 2017가합41043
이사선임결의무효확인등
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. Busan Northern-gu B apartment (hereinafter “the apartment of this case”) consists of 14 households, 14 households, and Defendant B apartment council (hereinafter “Defendant B apartment council”) is the autonomous deliberative body of the above apartment composed of representatives from each Dong of the above apartment.

B. From November 17, 2014 to December 18, 2018, the election commission of the instant apartment (hereinafter “election commission”) held a voting to elect the representatives of the instant apartment buildings, the term of office of which was from January 1, 2015 to December 31, 2016. The Plaintiff was elected as the representative of the Plaintiff 907dong and Defendant C was 804 representative.

Meanwhile, the election commission, from December 26, 2014 to December 27, 2014, held voting for the election of the chairperson, etc. of the defendant's council of occupants' representatives, and Article 50 (5) and (6) of the Enforcement Decree of the Housing Act (wholly amended by Presidential Decree No. 27444, Aug. 11, 2016; hereinafter the same) prior to the amendment (wholly amended by Presidential Decree No. 27444, Aug. 11, 2016), provides that the election commission shall elect the chairperson of the council of occupants' representatives and auditors

D was elected as the president.

C. The above B.

On December 29, 2014, the defendant council of occupants' representatives comprised of the election results under paragraph (1) passed a resolution to elect the defendant C as a director (hereinafter referred to as "resolution in this case") and Article 50(5) of the Enforcement Decree of the Housing Act prior to the amendment stipulates that the directors of the council of occupants' representatives shall be elected from among the representatives of each Dong with the consent of a majority of its members (referring to the prescribed number of members by the management rules, and referring to the number of elected members when two-thirds

Defendant C, on September 19, 2016, retired from office as the president of the council of occupants' representatives of the Defendant C, on the ground that he was the oldest among the directors.

[Reasons for Recognition] Unsatisfy, Gap evidence 2, 7, 11, and Eul.

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