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(영문) 수원지방법원안산지원 2015.07.02 2013가합21687
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. The basic facts are an unincorporated association composed of representatives by buildings elected by the occupants of Ansan-gu A apartment (hereinafter “instant apartment”) in Ansan-gu, Ansan-si.

The apartment of this case consists of 10 units from 901 units to 910 units. The apartment of this case consists of 901, 902, 903, and 910 units, one unit of unit of unit of unit of unit of unit of unit of unit of unit of elevator (1-2 units, 3-4 units), and one unit of unit of unit of unit of unit of unit of unit of unit of elevator, and one unit of unit of unit of unit of unit of unit of unit.

As the term of office of the first Dong representative of the apartment of this case expired on December 31, 2009, in the election of Dong representative on December 16, 2009 and the special election of January 12, 2010, the defendant C (904 Dong), the defendant B (906 Dong) and eight others were elected as the second Dong representative of the apartment of this case. The above 10 Dong representatives held an extraordinary general meeting on January 20, 2010 and elected Defendant C as the representative.

(2) On January 26, 2010, some occupants of the apartment of this case, who selected Defendant C as the representative, obtained the written consent regarding the non-Confidence of the representatives of the second unit, by asserting that the above representative election was unlawful and unfair, and thus invalid, and on the other hand, elected D et al. as the representative of the new council of occupants' representatives on January 28, 2010 and elected D as the representative of the said representative.

Therefore, the existing council of occupants' representatives filed an application against D, etc. for provisional disposition prohibiting interference with business of the council of occupants' representatives (2010Kahap24), and the above court elected Defendant C as the Dong representative on April 27, 2010, in violation of the management rules and the election management regulations, but the remaining nine Dong representatives except Defendant C still maintain their status. Thus, the existing council of occupants' representatives is a legitimate petition for provisional disposition on the ground that it is the council of occupants' representatives comprised of the remaining nine Dong representatives.

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