Text
1. Ascertainment that the election in the separate sheet held by the Defendant is invalid.
2. The costs of the lawsuit are assessed against the defendant.
Reasons
1. Facts of recognition;
A. The plaintiffs are the occupants of the Sung-nam-si G Apartment (hereinafter "the apartment of this case") in Sung-nam-si, and the defendant G council of occupants' representatives (hereinafter "the defendant's representative council") is the non-corporate association composed of representatives from each apartment of this case.
B. Resolution 1) The instant apartment complex is composed of four construction companies (H companies, I companies, J companies, and K companies) and 41 Dong 3,028 households, and one council of occupants’ representatives comprised of representatives from each Dong offices has jointly managed the entire apartment complex. (ii) On April 5, 2015, the Defendant’s council of occupants’ representatives has resolved to “the plan for the separate management of the instant apartment complex by four construction companies, which is to separately manage the instant apartment complex by the complex completed by the four construction companies.”
6. The above resolution was announced publicly, and the implementation proposal was notified to the occupants.
3) On April 18, 2016, a notice was issued that, from May 9, 2016 to May 15, 2016, the head of the instant apartment management committee would proceed with the written consent procedure with respect to “the plan for the separate management by four construction companies” under the name of the chairperson of the instant apartment management committee. (iv) May 16, 2016, in the name of the chairperson of the instant apartment management committee, 2,67 households (8.1%) from among the 3,028 households of the instant apartment, participated in the written consent procedure, and agreed to the separate management by 1,60 households (52.8%) among them.
(hereinafter referred to as the “the result of the above written consent”) subsequent to the instant separate management resolution (hereinafter referred to as the “the instant separate management resolution”). After H Co., Ltd., an apartment complex constructed by H Co., Ltd. (hereinafter referred to as the “L
A) On December 1, 2016, a separate council of occupants’ representatives shall be organized, and the procedure for reporting to the Seongbuk-nam market, which is the competent agency, shall be completed. (c) On December 2, 2016, the election of the representative of each Dong on December 2, 2016 and the election of executive officers on December 16, 2016, and the existing representatives of each Dong of the instant apartment.