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(영문) 수원지방법원성남지원 2015.06.24 2015가합201066
동별 대표자 지위 부존재확인 등
Text

1. All parts of the instant lawsuit against Defendant D, E, F, and G are dismissed.

2. The plaintiffs defendant C apartment.

Reasons

1. Basic facts

A. Plaintiff A is the owner of the 102 Dong-dong 805 Dong-dong 102 and the representative of the 102 Dong-dong Dong-dong 102 Dong-dong, Seongdong-si, Sungnam-si (hereinafter “instant apartment”), and Plaintiff B is the owner of the instant apartment at 109 Dong 809 Dong and the representative of each Dong-dong 109 Dong

The council of occupants' representatives of Defendant C Apartment (hereinafter referred to as the "Defendant's representative council") is a non-corporate association comprised of representatives from each Dong elected in proportion to the number of households of the apartment of this case.

B. On November 26, 2014, the Defendant D was elected as the representative of each Dong in 2015-2016 (the term of office from January 1, 2015 to December 31, 2016) of the instant apartment building (hereinafter “instant election”) and the representative of each Dong in 2015-2016 (the term of office from January 1, 2015 to December 31, 2016).

In addition, on December 12, 2014, Defendant D was elected as the president of the Defendant’s council of occupants’ representatives, and on January 22, 2015, Defendant F was respectively elected as the building directors of the Defendant’s council of occupants’ representatives.

C. Meanwhile, Defendant E served the 110 representatives of the instant apartment units on three occasions from January 1, 2007 to December 31, 2008, from January 1, 2009 to December 31, 2010, from January 1, 2013 to December 31, 2014, and from January 1, 2013 to December 31, 2014; Defendant F appointed the 110 representatives of the instant apartment units on three occasions; from January 1, 2007 to December 31, 208; from January 1, 2009 to December 31, 2010 to December 31, 2010, Defendant G served the 115 representatives of the instant apartment units on two occasions from January 1, 2007 to December 31, 2013 to 10. 21, 2013.

Among the Enforcement Decree of the Housing Act and the management rules of apartment buildings in this case, the contents related to this case are as follows:

Enforcement Decree of the Housing Act

Article 50 (Composition, etc. of Council of Representatives of Residents) (3) The representative of each building shall be at least six consecutive months after the completion of resident registration in the relevant collective housing complex as of the announcement date of the election of the representatives of each building.

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