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(영문) 서울북부지방법원 2020.01.09 2018가합27861
선거관리위원회 위원 지위확인 청구의 소
Text

1. The defendant is in the position of the plaintiffs as members of the Seoul apartment management committee in Gangnam-gu Seoul Metropolitan Government D.

Reasons

1. Basic facts

A. The Plaintiffs were commissioned as the chairman and members of the 5th election commission of the apartment C in Gangnam-gu Seoul Metropolitan Government (hereinafter “instant apartment”).

B. The defendant is the council of occupants' representatives representing 20 Dong (1,102 households), excluding 22 rental houses owned by E corporation (228 households), among the total 22 apartment units of this case (1,330 households).

C. F was elected as the Defendant’s Chairperson on September 20, 2018.

On October 29, 2018, the Plaintiffs decided to invalidate the election against Defendant Chairperson F, who won the election, and posted this purport to each of the instant apartment units.

After that, the Defendant received written consent from 584 households among total 1,102 apartment occupants of the instant apartment, and held the second council of occupants' representatives on November 23, 2018 and decided to dismiss the election management members of the Plaintiffs.

(hereinafter “Dismissal of this case”) e.

On November 26, 2018, the Defendant notified the Plaintiffs of the purport that “In the deliberation of dismissal of the election commission proposed at the second council of occupants’ representatives (on November 23, 2018) pursuant to Article 46(3) of the Management Rules, the Plaintiffs were disqualified as the Plaintiffs’ election management members on November 23, 2018, on the following grounds: (a) the number of 12 members present at the deliberation of dismissal of the election commission which was proposed at the second council of occupants’ representatives (on November 23, 2018), 9, 2, and 1.

F. Of the instant apartment management rules, the parts relating to the instant case are as follows.

Article 3 (Definitions) The definitions of terms used in this Code shall be as follows:

1. The term "occupant" means the owner of multi-family housing, or his/her spouse or lineal ascendants or descendants representing the owner;

2. The term "user" means a person, etc. (excluding a lessee of rental housing) who leases and uses multi-family housing;

3. The term "occupants, etc." means occupants or users;

Article 12 (Exercise of Voting Rights) (1) In case of a house of one household, one person shall have one voting right.

Provided, That two households (person) shall be the housing of one household.

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