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(영문) 대구지방법원 2015.02.12 2014가합5993
관리단집회결의무효확인의소
Text

1. All of the instant lawsuits are dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Basic facts

A. The parties are 1) The B12 apartment units in Daegu Nam-gu C and D (hereinafter “instant apartment”)

A) A collective housing complex is composed of 16 units, 1,162 units (1 complex 9 units, 706 units, 2 complex 7 units, 456 units). 2) The Defendant is a council of occupants’ representatives based on the Housing Act and the Enforcement Decree of the same Act, consisting of representatives from each Dong (12), and the Plaintiff (Appointeds) and the designated parties are security guards belonging to the apartment management office of this case employed by the Defendant.

B. On June 20, 2014, in order to make a resolution on the amendment to the management method of the instant apartment, E, the chairperson of the Defendant, the chairperson of the instant apartment management method, made a written notification of convening a council of occupants' representatives to the representatives of the instant apartment buildings on June 25, 2014, in order to make a resolution on the amendment to the management method of the instant apartment from "self-government management" to "entrusted management". 2) On June 25, 2014, the Defendant passed a resolution on the amendment to the management method of the instant apartment from "self-government management" to "entrusted management" (hereinafter referred to as the "resolution of the instant apartment management").

3) On June 26, 2014, the Defendant publicly announced the contents of the instant resolution against the occupant of the instant apartment. (c) The Defendant’s chairperson, E, the chairperson of the instant apartment management method, requested F, the chairperson of the instant apartment management method, to implement the pros and cons related to the alteration of the instant apartment management method on June 27, 2014, according to the instant resolution, and the said F, on June 30, 2014, publicly announced as follows in relation to the enforcement of the above pros and cons voting on June 30, 2014:

1. Title: Modification of the method of managing apartments (a change to an entrusted management contract on the present autonomous management);

2. Date and time of voting: 06:00 to July 4, 2014;

3. Ballot-counting date: July 5, 2014; 10:00

4. Voting method: Election management members, witness and voting assistant; and

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