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(영문) 의정부지방법원 2014.08.21 2013가합12805
공동주택관리업무 위,수탁계약 무효확인
Text

1. The part of the claim for nullification of an entrustment contract, among the instant lawsuits, shall be dismissed.

2. The plaintiff's defendants.

Reasons

1. Basic facts

A. On September 2012, the construction project undertaker of the apartment in Namyang-si, Namyang-si (hereinafter “the apartment in this case”) notified that the majority of the prearranged occupants had occupied the apartment in accordance with the relevant laws and regulations, and accordingly, the council of occupants’ representatives was constituted. Defendant B was elected as the representative of the 3107 apartment in this case on October 24, 2012 as the 3107 building building units (term: October 24, 2012 to October 23, 2014), and was elected as the 1st council of occupants’ representatives of the apartment in this case on November 15, 2012.

B. On December 4, 2012, Defendant B issued a temporary notification of convening the council of occupants’ representatives on December 6, 2012 to the representatives of each Dong to deliberate on the determination of the method of managing apartments, etc., and on December 6, 2012, the said council of occupants’ representatives held on December 6, 2012, to select the managing body within three months, to report on the agenda on the method of management by the council of occupants’ representatives, and to manage

The resolution to the effect that the resolution was made (as the chairperson, one auditor, five directors, etc.).

C. The result of the instant apartment management decision was publicly announced from December 7, 2012 to the 13th day of the same month as follows.

The summary management method: Entrustment and autonomous decision-making procedure: A resolution of the council of occupants' representatives or at least 1/10 of all occupants, etc. shall be proposed, and the resolution of the council of occupants' representatives shall be a resolution of the majority of all occupants, etc.: An entrusted management future plan shall be implemented from December 14, 2012,

D. From December 14, 2012, the procedure of the resident consent to the decision on the method of managing the apartment of consignment was implemented. Among the 679 households of the instant apartment, 437 households participated in and agreed by 411 households of the instant apartment.

(Dissenting 24 households, invalid 2 households, consent rate of 60.5%) e.

On December 20, 2012, the council of occupants' representatives of the apartment of this case filed a report on the organization of the council of occupants' representatives with the Mayor of Namyang-ju on December 20, 2012 (term of office: October 24, 2012 to October 23, 2014).

(f) January 22, 2013

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