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(영문) 부산지방법원 2016.11.09 2016가합1666
의결 및 공고 무효 확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The parties 1) The defendant is Busan B apartment (hereinafter referred to as "the apartment of this case")

(2) In order to manage multi-family housing, ancillary facilities, etc. in the complex, the Plaintiff is an association that is not a juristic person consisting of representatives from the above apartment buildings under the Housing Act provisions. 2) The Plaintiff was elected as the representative of each Dong and the chairperson of each Dong for two years from the 8th apartment building (from June 1, 2008 to May 31, 2010), 9th (from June 1, 2010 to May 31, 2012), and 10th (from June 1, 2012 to May 31, 2014).

B. An election commission under the Defendant-affiliated Election Commission (hereinafter “Election Commission”) shall only be deemed to be an election commission under the jurisdiction of the election commission.

On March 21, 2016, the election commission posted the “public announcement on the election of representatives of occupants” to elect representatives from each 12 buildings of the instant apartment on March 21, 2016, and the Plaintiff submitted an application for the registration of candidates for representatives from each Dong to the election commission on April 12, 2016. 2) The election commission made a resolution to dismiss the Plaintiff from the examination of candidates for representatives of occupants (hereinafter “instant resolution”) on April 15, 2016. The Defendant considered the term of office (from June 1, 2010 to May 31, 2012) before and after the amendment of the Housing Act on July 6, 2010 as one time, and determines that the term of office (from June 1, 2010 to May 31, 2012) was in conformity with the subsequent notification given thereafter.

‘The notice' has been given.

C. Relevant statutes and management rules 1) The former Enforcement Decree of the Housing Act (amended by Presidential Decree No. 22254, Jul. 6, 2010) (amended by Presidential Decree No. 24307, Jan. 9, 2013)

(a) The same shall apply;

(7) Article 50 of the former Enforcement Decree of the Housing Act (the composition of the council of occupants' representatives, etc.) provides that a provision that limits the representation of the representatives of each building was newly established once, and that the first election is applied to the time of its application after the enforcement of the said provision.

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