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(영문) 인천지방법원부천지원 2019.11.15 2019가합102375
동대표당선자 지위 확인 청구
Text

1. It is confirmed that the plaintiffs are in the defendant's status of winning the 5th presidential re-election.

2. Of the costs of lawsuit.

Reasons

1. Facts of recognition;

A. The defendant is a managing body duly established under 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 the Ownership and Management of Aggregate Buildings to manage a complex E (hereinafter referred to as the “instant complex”) and its site and attached facilities. The plaintiffs and the defendant are sectional owners of the instant complex.

B. Of the Defendant’s management rules, the parts relating to this case are as follows.

Article 21 [Composition of Managing Body]

1.The representative of the Managing Body shall be composed of 22 persons, each of whom shall be 22 persons, each of whom under Chapter Four (Management Body Election Management) of this Code, and shall be responsible for the voting rights and duties prescribed by the Management Rules on behalf of each Dong;

9.A person who is in conformity with the following subparagraphs shall not be a representative of the managing body:

12 months have not passed since the occupancy;

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

(e)The election commission shall be composed of the following, in order to cause water in connection with the management affairs of a complex and to obtain non-Confidence from the management body, or to have a person removed from the management body take charge of the election affairs of Article 29 (Composition of Election Commission):

The election commission shall be elected by and from among not more than 11 persons organized by a management body, and the chairperson of the election management shall be elected.

3. Where an election commission for the election of a new representative is not organized even though the election commission is to be elected in accordance with the regulations on the general 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 the support of occupants (hereinafter referred to as

Article 33 (Resolution of Election Commission)

1. The election commission shall attend the meetings of the majority of members and with the concurrent vote of members present;

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