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(영문) 창원지방법원 2014.11.26 2014가합4408
동별대표자 등 선출 무효확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts may be admitted, either in dispute between the parties or in full view of the entries in Gap evidence Nos. 1 to 5, Eul evidence No. 1 (including each number), and the whole purport of the pleadings:

The plaintiff is the tenant of the apartment of this case and the representative of the Dong 108 unit of the apartment of this case. The defendant is an association that is not a juristic person with the representative of each Dong elected in proportion to the number of households of the apartment of this case.

B. On July 26, 2013, the Defendant held the election of the representative of each Dong and held the election of the representative of each Dong and held the election of the representative of each Dong on July 26, 2013 (the term of office: from August 11, 2013 to August 10, 2015), and elected D as the Defendant’s chairperson and the representative of the above apartment 101 unit, E as the representative of the above apartment 116 unit, and F as the representative of the above apartment 10 unit (hereinafter “the election resolution of this case”).

2) 2) D, E, and F serve as the representative of each building during the sixth period from August 11, 2009 to August 10, 201, and thereafter served as the representative of each building during the seventh period from August 11, 201 to August 10, 201.

C. Meanwhile, Article 19(1) of the Enforcement Decree of the Housing Act (amended by Presidential Decree No. 2254, Jul. 6, 2010; hereinafter “former Management Rules”) provides that “the term of office of the representative of each Dong shall be two years and may be renewed consecutively only once (the term of office of the owner or his/her spouse or lineal ascendant or descendant representing the owner shall be deemed one person).” However, on July 6, 2010, the Enforcement Decree of the Housing Act amended on December 6, 2010 as follows:

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