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(영문) 광주지방법원 2017.08.25 2017가합96
주민자치회결의무효확인
Text

1. The instant lawsuit shall be dismissed.

2. The costs of the lawsuit shall be borne by B;

Reasons

1. Facts of recognition;

A. The Plaintiff is an autonomous organization of residents living in the Dong-gu, Gwangju (hereinafter “instant apartment”).

B. B, after being elected as the president of the Plaintiff on September 2, 2014, around October 1, 2014, revised the management rules of the instant apartment, such as changing the Plaintiff’s name from the “council of occupants’ representatives to the “Steering Committee” from the “council of occupants’ representatives” to the “Steering Committee.”

C. B, in order to close his term of office at an early stage and to elect a new president on November 2015, the election commission constituted an election commission and recommended candidates to leave the presidential election. Accordingly, I, K, and J run for this reason. The Plaintiff’s election commission decided that he was disqualified and then tried to select K as the president, but after that, K was dead.

B voluntarily withdraws from office on December 31, 2015, and without going through the procedures in accordance with the amended self-governing rules, K as president, as vice president and vice president, and announced it to occupants.

E. Meanwhile, on January 4, 2016, a part of the occupants of the instant apartment including I constituted an autonomous committee and publicly announced the opening of a residents’ general meeting to elect the Plaintiff’s officers to the occupants on January 4, 2016. On January 8, 2016, 81, 81 households among 120 households (entrusted 52 households) are participating in the Plaintiff’s president, C in the form of “A” and 5 door representatives A have access to the same group in the form of “A”.

Ro D and four others, as auditors, elected I and one other.

F. The Plaintiff’s president C did not use “A Steering Committee” under the existing rules amended on October 1, 2014, under the name of the instant apartment autonomous body, and changed the term “A Management Committee” registered in the Defendant or Gwangju Tax Office.

G. Since then, the Plaintiff (hereinafter referred to as the “Plaintiff”) was working under the name of the Defendant or the “Management Committee” on March 21, 2016.

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