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(영문) 인천지방법원 2019.10.25 2019가합308
입주자대표회의회장등선출무효확인
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The building of this case is an apartment building (2nd to 15th, 110 households above the ground), officetels (4 to 12th, 117 households above the ground), commercial buildings (1st to 3th, 32 households above the ground), which is composed of sectional owners and some occupants, etc. for the management of the whole building of this case.

B. On October 16, 2018, the election of the representative for the sixth period of the instant building was held on October 16, 2018. The Plaintiff was elected and publicly announced as the first constituency (multi-family 1-2), the non-party C, and D as the fifth constituency (officetel), and the non-party E as the representative for each building of the sixth constituency (officetel).

(hereinafter referred to as “the resolution of election of representatives by Dong in this case”) shall be made for the election of representatives by Dong in this case.

After October 24, 2018, the plaintiff and E were candidates for the 6th election of the defendant president of the building of this case, and the number of votes obtained by 7 representatives of each Dong including the plaintiff, E, C, and D was elected and announced as the chairperson of the defendant.

(hereinafter “the instant resolution of election of the president”) D.

The relevant regulations of the management rules of the building of this case and the regulations of the Election Commission (hereinafter referred to as “the instant management rules and “the instant regulations”) are as follows:

Article 3 (Definition of Terms) of the Management Rules shall be as follows:

1. The term "occupant" means an owner of multi-family housing, or a spouse, lineal ascendant or descendant representing such owner;

2. The term "user" means a person, other than an occupant, who leases and uses multi-family housing;

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

Article 10 [Rights of Occupants, etc.] (1) Occupants, etc. shall have the following rights in addition to the matters prescribed by the Housing Act and subordinate statutes:

Provided, That the eligibility for election of the representative of each building, the chairperson of each building, and the auditor under subparagraphs 3 and 4 shall be the occupants (one household house shall be eligible for election).

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