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(영문) 서울고등법원 2016.08.25 2016나2025209
동대표해임결의무효확인 등
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. The reasoning of the judgment of the court of first instance cited the same reasoning as the reasoning of the judgment of the court of first instance, except for the addition or dismissal as follows. Thus, this case’s explanation is cited pursuant to the main sentence of Article 420 of the Civil Procedure Act.

3 The 14th page was “Loss,” and thereafter the 3th page added “no infringement of the above eligibility even in the case of restoring the status of an occupant to the future.”

Under the 4th five parallels, Article 22(1) of the same Management Rule provides that “(3)” shall be added to “the election commission shall prepare a letter of the election announcement of representatives of each building, including the following matters, and publicly announce it by 60 days prior to the expiration of the term of office.” 4th parallel 6th parallel 3th parallel 4th parallel 5th parallel 5th parallel 6th parallel 6th parallel 5th parallel 6th parallel 6th parallel 6th parallel 5th parallel 5th parallel 5th parallel 6th parallel 6th parallel 5th parallel 4th parallel 4th parallel 11st parallel, and the term of office of the representative of the 20th unit unit unit unit unit of the instant apartment as of April 1, 2016 to March 31, 2018.”

4 12 parallel 12 pages "Nos. 14" shall be written with "No. 15 card."

Following the 4th 16th 16th "no election shall be held after January 10, 2018, for which the term of office of the representative who is currently in office expires on March 31, 2018, and the first Dong representative election that the plaintiff is able to run in the future is the Dong representative election that begins on April 1, 2018, and pursuant to Article 22 (1) of the apartment management rules of this case, the above representative election will be held after January 10, 2018, for which four years have passed since the date when the plaintiff's dismissal becomes final and conclusive, for which the plaintiff's eligibility for the same representative is limited due to the resolution of this case. Accordingly, the plaintiff's dismissal resolution of this case added "no restriction is imposed on the plaintiff's eligibility for the same representative."

5. The 5th one to 5th one shall be cut down as follows:

The plaintiff is obligated to compensate the plaintiff for damages caused by the tort because there is procedural and substantive defect in the resolution of dismissal of the case.

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