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(영문) 의정부지방법원 2013.11.27 2013가합1270
동대표지위무효확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. 1) The Plaintiff is the Dongbcheon-si B apartment (hereinafter “instant apartment”).

The defendant is the resident of the apartment of this case, and the representative of each Dong of this apartment of this case (hereinafter referred to as the "Dong representative").

(2) The apartment of this case consists of 12 units, including 101 to 106, 201, 202, 301 to 304 units, and on December 31, 2012, the term of office of the first unit representative of the apartment of this case was expired.

B. From January 3, 2012, the election commission of the instant apartment from January 3, 2012 (hereinafter “the election commission of the instant apartment”).

The number of members of K, L, M, N,O, P6, M was the Chairman of the Committee, and M was the Chairman of the Committee on October 31, 2012. L resigned from office as a prior official member on October 31, 2012. M andO resigned from office on November 27, 2012.

3) On December 6, 2012, under Article 34(1) of the Management Rules of the apartment complex of this case, the first instance court made a public announcement to open recruitment of the first instance committee members pursuant to Article 34(2) of the Management Rules, on the grounds that there was no recommendation. 4) On December 13, 2012, the first instance court made a public announcement to open recruitment of the first instance committee members by means of open recruitment under Article 34(2) of the Management Rules of the apartment complex of this case, with the recommendation of the head of Tong under the Local Autonomy Act as the first instance committee members on December 13, 2012.

C. On November 2, 2012, the first election commission opened a meeting on November 2, 2012 to elect the second representative, and held a meeting on the schedule for the election progress to elect the second representative of the apartment complex of this case. At the time M, the first election commission, who is the chairperson of the second apartment of this case, was in charge of the meeting. On November 7, 2012, the first election commission announced that the representative of the occupant of the apartment of this case would be elected on November 23, 2012 in the name of the chairperson of the first election commission of the apartment of this case. 2) The second election commission held a meeting on November 19, 2012, and examined documents about the candidate (103 Dong, D, 205 Dong, F, 303 Dong, G), and that there is no candidate.

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