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(영문) 대전지방법원 2016.04.06 2015가합3123
아파트선거관리위원회해촉결의무효확인등
Text

1. The part of the claim for nullification of the dismissal resolution in the instant lawsuit is dismissed.

2. The plaintiff's remaining claims are dismissed.

Reasons

Basic Facts

A. The council of occupants' representatives of F apartments (hereinafter referred to as the "council of occupants' representatives of this case") is an autonomous and management organization consisting of the occupants of F apartment 2,199 households in Seo-gu, Daejeon (hereinafter referred to as the "instant apartment").

B. At a special meeting on August 6, 2015, the instant council of occupants’ representatives resolved to dismiss the president G of the instant council of occupants’ representatives, and at a regular meeting on September 17, 2015, the instant council of occupants’ representatives resolved to dismiss seven members of the instant apartment management members (H, I, J, K, L, M, and N).

C. On August 20, 2015, G filed an application against the Daejeon District Court for provisional disposition suspending the validity of the resolution of dismissal on August 6, 2015 (the case No. 2015Kahap224) with the Daejeon District Court on August 20, 2015 (the case No. 2015Gahap2663).

The council of occupants' representatives of this case decided to appoint an attorney-at-law on August 20, 2015, which was raised by G at a regular meeting on August 20, 2015.

E. On the other hand, the plaintiff is the auditor of the council of occupants' representatives of this case, and the defendant B is the chief of the management office of the above apartment, who is an employee of the central management corporation in charge of the management of the apartment of this case, and the defendant C is the vice president of the council of occupants' representatives of this case and is the 116 Dong representative. The defendant D is the director of the council of occupants' representatives of this case and is the 102 Dong representative, and the defendant E is the 1

[The ground for recognition] The facts without dispute, Gap evidence Nos. 1, Gap evidence Nos. 2 through 4 (including the number of pages; hereinafter the same shall apply) and the whole purport of the pleadings, and the lawsuit of confirmation of the legal principles related to the legitimacy of the claim for confirmation of invalidity of dismissal resolution among the lawsuit in this case is not necessarily limited to the legal relations between the parties, but also the legal relations between one party and a third party or between a third party, but in order to have the benefit of confirmation of the legal relations, the legal relations are in accordance with such legal relations.

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