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(영문) 서울남부지방법원 2015.01.15 2014가합6382
위수탁관리계약무효확인 등
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The plaintiffs are lessees of Yangcheon-gu Seoul apartment complex L (hereinafter "the apartment complex in this case"), and the defendant is the council of occupants' representatives formed by the buyers of the above apartment complex.

The apartment complex of this case is a mixed housing complex consisting of 202 households of sale and 1,137 households of lessees.

B. The part related to the instant case among the management rules for collective housing of the instant apartment complex (hereinafter “instant management rules”) is as follows.

(hereinafter referred to as "occupants, etc."). Article 5 (Management Organization, etc.) (1) In order to achieve the purpose under Article 1, occupants, etc. may have the "integrated collective housing representative council" which combines the "resident representative council" under Article 50 (1) of the Enforcement Decree of the Housing Act and the "resident representative council" under Article 29 (1) of the Rental Housing Act.

Article 16 [Election of Representatives by Building] (1) The representatives by building shall be comprised of the council of occupants' representatives elected under Article 50 of the Enforcement Decree of the Housing Act and the council of lessees' representatives elected under Article 29 of the Rental Housing Act and Article 28 of the Enforcement Decree of the same Act, and Article 17 shall apply mutatis mutandis, and the council of lessees' representatives may elect one person per 100 households

Article 17 (Composition of Multi-Family Housing Representative Meeting) (2) Members of the Integrated Multi-Family Representative Meeting shall be comprised of the executives of the council of occupants' representatives, the executives of the council of lessees' representatives and the rental business operators, and the total number

(4) The first members of the collective housing representative council shall be as follows:

1. Council of occupants' representatives: Four persons (including one chairperson and one auditor);

2. The council of lessees' representatives: Three persons (including one president and one auditor); and

3. The rental business operator: The name of 1st person (the meeting, opening and resolution method of the meeting of the representative of multi-family housing) of Article 21.

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