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(영문) 의정부지방법원 2017.02.03 2016가합1202
이행의 소
Text

1. The plaintiff (Counterclaim defendant)'s principal lawsuit shall be dismissed.

2. The Plaintiff (Counterclaim Defendant) on May 22, 2015.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The Plaintiff is a non-corporate body composed of the representatives from each Dong of the Namyang-si, Nam-si, the Namyang-si, a five Dong (hereinafter referred to as the “instant apartment”), which performs the management of the apartment.

B. On September 2013, K’s spouse L was elected as the representative of the instant apartment building 102 Dong, and K was appointed by the resolution of the Plaintiff’s Council of Representatives on January 2015 and worked as the representative of the said Dong 102 Dong Dong.

C. At the time of May 22, 2015, the Plaintiff was the representative of the instant apartment building 101 Dong and the Plaintiff’s voting to dismiss the president of the Defendant who was the Plaintiff. At the time, K was the representative of the instant apartment building 102 Dong Dong, and M was the representative of the instant apartment building 103 Dong Dong Dong, and N was working as the representative of the instant apartment building 104 Dong Dong Dong, and there was no representative of the instant apartment building other than the Defendant, K, M, and N.

On the other hand, K, M, and N participated in the above voting and approved the agenda to dismiss the defendant as the Chairperson.

(hereinafter “instant resolution of dismissal”) D.

The contents related to this case among the apartment management rules in this case are as follows.

(1) The council of occupants' representatives shall be comprised of at least four persons pursuant to Article 43 (8) 2 of the Enforcement Decree of the Gu Housing Act, and the council of occupants' representatives shall be comprised of the representatives elected according to the constituency determined by the rules for collective housing management under Article 44 (2) of the Act (hereinafter referred to as the "management rules") in proportion to the number of households by buildings (hereinafter referred to as "representatives by buildings").

In such cases, the constituency may be determined by combining two or more Dongs, or dividing by passage or floor.

(3) The representative of each building shall have registered as the representative of the relevant multi-family housing complex continuously for at least six months after the completion of resident registration.

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