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(영문) 부산지방법원 2020.04.29 2019가합626
동대표및동대표회장당선무효확인
Text

1. The part concerning the claim for nullification of the instant lawsuit is dismissed.

2. The plaintiff's remaining claims are dismissed.

3...

Reasons

1. Basic facts

A. 1) The Plaintiff is a C Apartment with 2,716 households located in Busan Jin-gu, Busan (hereinafter “instant apartment”).

) The owner of E and lessee under F (from July 19, 2018 to July 18, 2020) are occupants, etc. of the instant apartment under Article 2 subparag. 7 of the Multi-Family Housing Management Act, and the council of occupants’ representatives of C Apartments (hereinafter “the council of occupants’ representatives of the instant apartment”).

(2) Around May 2018, the Defendant was elected as the representative of the 22nd G Dong Building (the term of office from July 1, 2018 to June 30, 2020), and was elected as the chairman of the 22nd council of occupants’ representatives around June 2018.

B. On April 19, 2019, the Plaintiff filed an application with the Busan District Court for suspension of duties with respect to the Defendant, stating that “the Defendant is elected as the representative of the instant apartment by 22 buildings and elected as the president of the instant council based on his position would be null and void since it violated the Employment Restriction Regulations.” On November 13, 2019, the said court decided that “the Defendant shall not perform his duties as the representative of the instant apartment building and the president of the instant council of occupants’ representatives until the judgment on the merits of the instant lawsuit became final and conclusive” (Dasan District Court 2019Kahap80), and the said decision became final and conclusive around that time). On November 20, 2019, the Plaintiff filed an application with the Busan District Court for suspension of duties with respect to the representative of the instant apartment building as the president of the instant council of occupants’ representatives, and on January 21, 2020, the said court appointed the Plaintiff as the Plaintiff’s representative of the instant council of occupants’ representatives.”

3. The case where the plaintiff is seeking to deliver to the defendant.

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