logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2016.06.24 2015나14985
회장선출결의무효확인
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The plaintiff is the owner and the resident of Gangdong-gu Seoul Metropolitan Government B main apartment (one Dong 325 households, and the following apartment). The defendant is an autonomous management organization consisting of the representatives of the occupants of the apartment building of this case. The main contents of the apartment management rules of this case concerning the council of occupants' representatives, etc. are as stated in the attached management rules. The main contents of the election of the representative of the apartment building of this case and the operational rules are as stated in the election of the representative of each Dong and the operational regulations of this case.

B. On January 28, 2014, pursuant to Article 34(1) of the Management Rules, the Defendant appointed E (the owner and resident of the instant apartment No. 1001), C (the owner of the instant apartment No. 418) and D (the resident of the instant apartment No. 423) recommended by the Defendant Chairperson as election management members, and constituted the Defendant Election Commission. The said election management members elected C as the chairman of the Election Management Committee.

C. On May 27, 2014, the Defendant Election Commission made a resolution to the effect that “the chairperson of the election management commission designates at least one of the management office employees, security guards, and one elector as election affairs personnel (on-site voting personnel), and in the case of a visiting voting, the elector shall enter the ballot paper for supporting and opposing votes in the ballot box, and then cast the ballot paper on the ballot box in contact with him/her so that the elector can not see any other person, and the elector who has not cast a vote during the visiting voting period may vote at the polling station.”

The instant apartment election commission, on June 1, 2014, announced that the term of office of the members of the 5th council of occupants' representatives of the instant apartment was expired ( July 31, 2014).

The main contents of the above election announcement are as follows:

1. The number of electors for each constituency (term: August 1, 2014 to July 31, 2016):

arrow