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(영문) 인천지방법원 2018.06.01 2017나7163
체납관리비
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal are borne by G (H) who is represented by the Plaintiff’s representative.

Reasons

1. The court's explanation on this part of the basic facts is the same as the part of "the progress of the case" in the judgment of the court of first instance. Thus, it is citing it as it is in accordance with the main sentence of Article 420

2. The Plaintiff asserts that the instant lawsuit was instituted by the person who has the power of representation, on November 27, 2017, since G was elected as the president from the election of the president of the council of occupants’ representatives, which was held on November 27, 2017 (hereinafter “instant apartment”). Accordingly, the Plaintiff’s representative was corrected as G on May 10, 2018.

However, in full view of the following facts and circumstances revealed by the respective descriptions of Gap evidence Nos. 16, 17 and Eul evidence Nos. 4 and the purport of the entire pleadings, it is difficult to recognize G as the president of the council of occupants' representatives of the apartment complex of this case, and therefore, the lawsuit in this case is unlawful to have been instituted by a non-representative

On June 25, 2017, 31 households among 40 households of the apartment of this case among 40 households of the apartment of this case decided to amend the amended management rules with the consent of all voters, and among them, I (305) was elected as the chairman of the council of occupants' representatives with the consent of 29 households.

B. If the above amendment management rules and the election of the president are invalid, G cannot be deemed to have been legally elected for the following reasons.

① According to Article 20(4), Article 3, and Article 78 of the Enforcement Decree of the Multi-Family Housing Management Act of June 2, 2014, Article 78 of the Rules on the Management Rules of Multi-Family Housing, to amend the Multi-Family Housing Management Act, only 20 households of the total number of 40 households agreed to the amendment of the Management Rules.

Therefore, the management rules of multi-family housing in March 10, 2017, attached to Gap evidence 17, are not effective because they failed to meet the revised requirements, and therefore, the president of the council of occupants' representatives shall make the management rules of multi-family housing in June 2, 2014.

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