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(영문) 울산지방법원 2017.10.26 2016구합1077
신고서 보완통지 취소
Text

1. The plaintiff's lawsuit against the defendants is dismissed in entirety.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Case history

A. On April 9, 2014, the Plaintiff was elected as the president of the council of occupants’ representatives of the instant apartment complex, who was the occupant of 108 Dong 102 and the representative of 108 Dong-dong, Ulsan-gu, Ulsan-gu (hereinafter “instant apartment”).

B. On July 1, 2015, the election commission of the instant apartment, following the procedure for the dismissal voting against the Plaintiff, dismissed the Plaintiff from the position of the president of the council of occupants’ representatives of the instant apartment and the representative of each Dong.

C. On October 26, 2016, the Plaintiff filed a lawsuit against the council of occupants’ representatives seeking confirmation of the dismissal (Ulsan District Court 2015Gahap22393), and the said court rendered a favorable judgment against the Plaintiff.

After notifying the instant apartment commission of the result of the judgment, the Plaintiff was again elected as the representative of the instant apartment building by Dong and the president of the council of occupants' representatives through the election at the end of October 2016.

E. On November 4, 2016, the Plaintiff submitted to the Defendant a report on the formation of the council of occupants' representatives to the effect that the Plaintiff was elected as the president of the council of occupants' representatives of the instant apartment. However, on November 24, 2016, the remaining head of the Defendant Ulsan-gu Seoul Metropolitan Government issued a notification of the Plaintiff’s refusal to accept the report on the ground that “the Plaintiff shall not become the representative of the instant apartment building and the council of occupants’ representatives pursuant to Article 14(4) of the Multi-Family Housing Management Act and Article 11(3)5 of the Enforcement Decree of the same Act, who was dismissed from office by the representative of the instant apartment building on July 1, 2015, and for whom two years have not passed since he/she was dismissed from office on July 1, 2015.”

F. On the other hand, D.

On September 27, 2017, the council of occupants' representatives of the apartment in this case appealed from Busan High Court No. 2016Na57499, and the above court appealed from September 27, 2017 to the occupants of the apartment in this case.

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