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(영문) 대전지방법원천안지원 2020.11.13 2020가합100812
임차인대표회의 결의 부존재 확인
Text

The instant lawsuit is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is the lessee under B apartment (hereinafter “instant apartment”) D located in Asan-si, Asan-si, and the Defendant is the council of lessees’ representatives composed of the lessee representatives of the instant apartment building.

B. On January 31, 2017, E was elected as the representative for each Dong (Fdong 1 to 8) of the instant apartment district. G was elected as the representative for each Dong (Hdong) of the instant apartment district on the same day, and I was elected as the representative for each Dong on May 2, 2017.

C. On January 2019, K was appointed as the head of the instant apartment management office. After such appointment, K written the minutes of the council of lessees’ representatives (hereinafter referred to as “instant minutes”) in which “the minutes of the council of lessees’ representatives (hereinafter referred to as “the minutes of this case”) stating the case of deliberation on the budget bill of 2019 [to be compiled according to what is prescribed by the management rules]” in the contents of the agenda items and “K shall prepare the minutes of the council of lessees’ representatives (hereinafter referred to as “the minutes of this case”) and present them to I, G, and E, I, G, and E, after having written each signature on the list of the participants’ signatures and written confirmations of the above minutes from the I, G, and E on November 23, 2018, and written in the contents of the resolution “11th [19/1/1/19/19/12/12/31) of each apartment house” as the execution under the management rules.

(hereinafter “Resolution of this case”). Article 16 (Representative of Lessee of each Dong) (1) The lessee shall elect representatives of each Dong in proportion to the number of households of each Dong, but the total number of members shall be six.

The first constituency: One (L-Dong) and three (J-dong): One (M-dong): One (1) and five (6) and one (9-22) (1) (1 (F-dong 1 to 8): One (1) (1 (F-dong 9-22) and (2). The term of office of the representative of lessees shall be two years, but he/she may be reappointed only once.

(7) The representative of each building shall attend the council of lessees' representatives directly and may exercise voting rights.

Article 17 (Composition of Council of Representatives' Representatives) (1) The council of lessees' representatives means the fixed number of the following officers from among the representatives of each building, and 2/3 of the members of the relevant council of occupants' representatives:

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