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(영문) 대전지방법원천안지원 2016.10.28 2016가합100297
동별대표자지위무효확인
Text

1. The part against Defendant D among the instant lawsuit is dismissed.

2. The plaintiffs' council of occupants' representatives is defendant E apartment.

Reasons

1. Determination as to the legitimacy of the part of the claim against Defendant D among the instant lawsuit

A. Defendant D’s assertion around October 2015: (a) was elected as the representative for each Dong of “E apartment located in the Nam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Seoul; (b) but the election to elect representatives for each Dong was conducted by the election commission organized without any ground by the organization, even though there is a legitimate election commission of the council of occupants’ representatives in the above Dong-gu. Therefore, the election to elect representatives for each Dong against Defendant D is null and void.

Therefore, the defendant D seeks to confirm that he is not the representative of each Dong of the apartment.

B. The council of occupants' representatives of multi-family housing is a non-corporate group consisting of representatives from each building elected in proportion to the number of households of each building. Thus, seeking confirmation of invalidity of a resolution to elect representatives from each building or non-existence of the status of representatives from each building is ultimately a dispute over the qualification of members of the council of occupants' representatives. Thus, the council of occupants' representatives has the qualification as defendant in the lawsuit as the actual subject

Therefore, among the lawsuits in this case, the part against Defendant D seeking confirmation that the plaintiffs are not in the status of representative of each building of the E Apartment is unlawful.

2. Determination on the claim against the council of occupants' representatives of defendant E- Apartments

(a) Basic facts 1) Defendant D is elected as representatives by buildings of the above E apartment in an election to elect representatives by buildings of the E apartment located in the Nam-gu, Chungcheongnam-gu, Seoul in October 2015, around October 2015.

Plaintiff

A is the person who was the chairperson of the E Apartment Election Commission, and the plaintiff B is the member of the above Election Commission, and the plaintiff C is the representative of the E Apartment.

(b) E apartment.

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