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(영문) 인천지방법원부천지원 2019.01.11 2018가합101405
동대표후보 지위 부존재 확인
Text

1. On March 21, 2018, the 5th East Election Commission under the defendant's control of the defendant review the candidate registration for the same representative.

Reasons

1. Basic facts

A. According to Article 28-6(1)1 of the Industrial Cluster Development and Factory Establishment Act and Articles 51(1) and 23(1) of the Act on Ownership and Management of Condominium Buildings, the defendant is a managing body established automatically by consisting of all sectional owners of the instant complex, and the plaintiffs are sectional owners of the instant complex.

B. Of the defendant's management rules, the parts relating to the election of the representative are as follows.

Article 21 [Composition of Managing Body]

9. Persons who correspond to the following subparagraphs shall not be the same representative of the managing body:

(b) A person determined under Article 38 (Electoral Eligibility) of the Management Rules;

(e)Article 29 (Organization of Election Committee) sets out an election commission to take charge of the election affairs of a person who has caused water in connection with the management affairs of a complex and has been no-Confidenced from the management body, or has been removed from the management body, as follows:

1. The election commission shall be composed of not more than 11 persons organized by a management body, and the chairman of the election management shall be elected by and from among its members;

2. The same representative candidate shall not be a member of the election commission as provided in paragraph (1); and

3. Where an election commission for the election of a new representative is not organized even after the election is to be elected in accordance with the regulations on resignation of the management body or the business negligence of its members, the election management members in conformity with the regulations and regulations shall be recruited and organized by the head of the headquarters for supporting the occupants (hereinafter referred to as the "head

Article 33 (Resolution of Election Commission)

1. Election commissions shall attend the meetings of the majority of members and pass resolutions with the concurrent votes of members present;

2. The chairman of the election management shall have a voting right, and the same number of votes shall be rejected; and

Article 36 (Reregulation of Election Commissions) The election management commission shall be strictly neutral in carrying out its duties of election management.

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