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(영문) 서울동부지방법원 2021.02.05 2019가합115110
관리위원지위 무효확인의 소
Text

The instant lawsuit is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. The summary of the claim and Defendant B are the owners of the “C Building” (hereinafter the “instant condominium building”), which is an aggregate building composed of the Dong and the office building in Gwangjin-gu Seoul Special Metropolitan City (hereinafter the “instant condominium building”).

Defendant management body is a management body of the instant condominium building under the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Act”).

In the election of the representative members of the Defendant Management Group, which was implemented on November 6, 2019, the Plaintiff and Defendant B served as the representative member of the 7th class of the sales.

On June 5, 2018, the defendant management body applied the self-management regulations to attach a certificate of seal impression or a transcript of resident registration at the time of voting in writing.

However, the above election management regulations were enacted at the 21st meeting of the representative management body, which is unlawful, and were invalid, and the election management regulations were applied on September 22, 2014, which required to attach a certificate of seal imprint at the time of written voting.

In accordance with the invalid election management regulations, the invalid written voting is treated as valid because a certified copy of resident registration is attached to the election, and even if the plaintiff would have obtained a majority of votes if he did not so, the defendant management body was elected by the defendant B.

was announced.

Therefore, since the status of the representative member of Defendant B is null and void, the Plaintiff seeks confirmation against the Defendants.

2. Whether the lawsuit of this case is lawful

A. In a lawsuit seeking confirmation of the status of the representative or member of an association which is not a legal entity against Defendant B, even if the judgment citing the claim is issued, the judgment cannot be deemed to have been effective to that organization. Therefore, it cannot be the most effective and appropriate way to resolve the dispute between the parties surrounding the status of the representative or member. Thus, the representative is not against that organization.

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