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(영문) 서울중앙지방법원 2020.12.22 2020가단5184353
손해배상(기)
Text

1. The council of occupants' representatives of Defendant B apartments shall have the Plaintiff KRW 11,00,000 and its related amount from July 21, 2020 to December 20, 2020.

Reasons

1. Facts of recognition;

A. The council of occupants' representatives (hereinafter referred to as the "council of occupants' representatives") is an autonomous deliberative body established under Article 14 of the Multi-Family Housing Management Act in order to determine important matters concerning the management on behalf of the occupants, etc. of the Gangnam-gu Seoul Metropolitan Government

The Plaintiff is the chairman of the election management committee, who is the representative of “B apartment election commission (hereinafter referred to as “B apartment election commission”)” (hereinafter referred to as “B apartment election management regulations”) based on the Multi-Family Housing Management Act, the Enforcement Decree of the same Act, the B apartment apartment management management rules (hereinafter referred to as the “management rules”), and was in charge of the affairs concerning the election of representatives of B apartment 7 (2 years from July 1, 2018 to June 30, 2020) implemented between April 30, 2018 to May 26, 2018.

Defendant C is an occupant who resides in B apartment D, and was left to the election of the representative of D Dong at the instant election, but has fallen.

B. (i) The B Apartment Management Rules (Article 45) and Election Management Regulations (Article 6) include the Chairperson of the Election Management Commission, and include five to nine National Assembly members, and the Chairperson is elected from among the National Assembly members. At the time of the instant election, the Line was composed of eight National Assembly members, including the Plaintiff, the Chairperson.

The management rules and election management rules provide for the methods of operation and resolution, such as convening meetings of the council of occupants' representatives and the board of directors, as follows:

◆ 관리규약 제29조(안건의 제안) 안건은 별지 제7호 서식에 따라 동별대표자, 관리사무소장 또는 입주자등(20명 이상)이 제안할 수 있다.

The council of occupants' representatives shall adopt resolutions with the consent of a majority of its members pursuant to Article 14 (1) of the Decree.

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