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(영문) 대전지방법원천안지원 2016.03.18 2015가합102449
아파트선거관리위원회 결의부존재확인 등
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The plaintiffs are the occupants of the Seocho-gu I apartment (hereinafter "the apartment of this case"), Seo-gu, Seocheon-gu, the defendant is the head of the management office of the apartment of this case, and the non-party J is the person who was the chairperson of the management office of the apartment of this case.

(2) The Plaintiffs filed an application against the Defendant and J for a provisional disposition suspending the performance of their duties (this Court 2015Kahap144) on the ground that the Defendant and J are performing their duties independently, and this Court rendered a provisional disposition as follows on September 16, 2015.

Until the judgment on the merits becomes final and conclusive, the defendant shall not perform the duties of the managing director of the apartment of this case, and the J shall not perform the duties of the chairperson of the above apartment management.

B. An acting representative for the head of the apartment management office described in paragraph (1) shall be appointed only during the period of suspension of the performance of duties described in paragraph (1) against the defendant.

(3) On September 17, 2015, upon the application of the order to file a lawsuit by the Defendant and J after the decision of provisional disposition was rendered, the decision was made on September 17, 2015, and the Plaintiffs filed the instant lawsuit on October 2, 2015.

【Ground of recognition】 The fact that there has been no dispute, Gap 18 and 19, each entry, and the purport of the whole facts and arguments in this court

2. Although the term of office of the members of the previous council of occupants' representatives of the apartment of this case asserted by the plaintiffs ends on November 31, 2013, elections for the formation of the next council of occupants' representatives have not been held.

An election commission shall be organized to proceed with election procedures for organizing the next council of occupants' representatives, and the members of the election commission shall be commissioned by the chairperson of the council of occupants' representatives.

Article 34 of the apartment management rules of this case is not constituted by the council of occupants' representatives, the head of the management office shall commission members of the election management committee.

At present, there is no council of occupants' representatives, and the defendant, the head of the management office, has the authority to commission members of the election commission pursuant to Article 34 of the above management rules.

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