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(영문) 서울남부지방법원 2014.12.12 2014가합5303
입주자대표회의회장선거무효확인 등
Text

1. C by a special election of the council of occupants' representatives held by the defendant from March 27, 2014 to April 8, 2014 as the chairperson.

Reasons

1. Basic facts

A. The Plaintiff is a resident of Guro-gu Seoul Metropolitan Government B Apartment (hereinafter “instant apartment”).

B. The Defendant resigned from the 9th chairman and held a special election for the Defendant’s president (hereinafter “instant election”) from March 27, 2014 to April 7, 2014 to elect a new president. The Plaintiff and C left the election for the candidate.

C. As a result of the ballot counting on April 8, 2014, C except for the invalid ticket 6 marks in total 462 marks, and the Plaintiff obtained 229 marks and 227 marks. At the time of voting, the number of voters signed on the electoral registry was 456.

On April 8, 2014, the instant apartment election commission publicly announced C as the elected person of the Chairperson, and the Defendant held a special meeting on April 9, 2014 and granted C a certificate of election.

(e) Details of the Enforcement Decree of the Housing Act related to the election of the chairperson shall be as follows:

(5) The council of occupants' representatives shall elect the following officers, from among the representatives of each building, with the consent of a majority of its members (referring to the prescribed number of members by management rules, and when two thirds or more of the members of the relevant council of occupants' representatives are elected, referring to the elected members; hereinafter the same shall apply):

1. One chairperson;

2. At least one auditor;

(6) Notwithstanding paragraph (5), at least two directors shall be elected from among the representatives of each building through the general, equal, direct and secret election of all occupants, etc. in accordance with the following classification:

Provided, That if there is no candidate or no person elected after the election, the chairperson and the auditor may be elected by the method under paragraph (5), as prescribed by the management rules.

1. Where candidates are at least two persons: The one with multiple votes shall be elected;

2. Where a candidate is only one person: The fact that there is no dispute over the election (based on recognition), Gap, 3, 5, and 6, with the consent of a majority of all occupants, etc. who cast a vote of at least 1/10 of all occupants, etc. and cast such vote.

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