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(영문) 수원지방법원 2019.01.18 2018가합1868
입주자대표 입후보자격확인
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 Defendant is an autonomous organization that consists of representatives from each Dong of Yeongdeungpo-gu, Suwon-si B apartment (hereinafter “instant apartment”).

B. On September 26, 2013, the Plaintiff was elected as the representative for each Dong’s special election for the representatives of the instant apartment C-dong, which was held on September 26, 2013, from September 27 to April 30, 2014 (the sixth council of occupants’ representatives), and again was elected as the representative for each Dong C-dong after the end of the term of office (the sixth council of occupants’ representatives), and held office from May 1 to April 30, 2016.

(7) The council of occupants' representatives;

On June 26, 2018, the Plaintiff registered as a candidate for the representative of the 9th election commission of the instant apartment building as the representative of each Dong-dong, but the election commission rejected the Plaintiff’s candidate registration on the ground that it constitutes a neutrality as a result of the review of Articles 18 and 21 of the instant apartment management rules and Article 50 of the Enforcement Decree of the Housing Act as of 2013.

Since the amendment on June 10, 2004, Article 18 provides that the term of office of the representative of the Dong shall be two years and he may be reappointed only once. At the time the Plaintiff is elected as the representative of the six buildings, Article 50(8) of the Enforcement Decree of the Housing Act provides that the term of office of the representative of each building shall be two years, but he/she may be reappointed only once. This provision was enacted on August 11, 2016 and enacted on August 12, 2016, Article 13(2) of the Enforcement Decree of the Multi-Family Housing Management Act, which was enforced on August 12, 2016, provides that the representative of each building shall be reappointed only once. However, if the term of office of the representative of each building elected by a special election is less than six months, it is changed

[Ground of recognition] Facts without dispute, Gap 1, 8, 9 evidence, Eul 5 and 9 evidence, the purport of the whole pleadings

2. The gist of the Plaintiff’s assertion is as follows: (a) at the time when the council of occupants’ representatives held office as the representative for each Dong during the six-year period, the Plaintiff actually performed its duties only on September 27, 2013; (b) October 16, 2013; and (c) October 25, 2013; and (d) on December 27, 2013, the meeting is deemed impossible to proceed as a fighting.

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