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(영문) 인천지방법원 2020.07.24 2019나70295
손해배상(기)
Text

1. The plaintiff's appeal is all dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The Plaintiff and D own 1/2 shares in each of the subparagraph F-F of the Bupyeong-si E apartment (hereinafter “instant apartment”).

B. Defendant B (hereinafter “Defendant Company”) is a company entrusted with the management of the instant apartment since 2011, and Defendant C was a person who held office as the chairperson of the instant apartment management committee around May 2017.

C. On May 2015, December 2015, and May 25, 2017, when the Plaintiff registered as a candidate for the election of the representative of each building of the instant apartment, the Plaintiff prepared and submitted a proxy letter of delegation pursuant to the “attached Form 3” of the instant apartment management rules, but did not attach a certificate of the seal impression to the proxy letter.

The instant apartment election commission (hereinafter “instant apartment election commission”) did not accept the Plaintiff’s registration of each of the above candidates.

E. Of the management rules of the instant apartment (hereinafter “management rules”) and the regulations of the Election Commission, the parts related to the instant case are as follows.

Article 10 of the Management Rules (Rights of Residents, etc.) ① Residents, etc. shall have the following rights in addition to the matters prescribed by housing Acts and subordinate statutes:

Provided, That the eligibility for election of the representative of each building, the chairperson, and the auditor under subparagraphs 3 and 4 shall be limited to the occupants (one household's house shall be eligible for election).

Article 22 (Public Notice for Election of Representatives, etc. by Dong) (1) Election commission shall prepare a public notice for election of representatives by Dong, including the following matters, and publicly announce it 60 days before the expiration of the term of office:

1. Number and term of office of each constituency;

2. Election period;

3. The period of candidate registration;

4. Place where candidates are registered;

5. Documents for registration of candidates;

(a) One copy of an application for candidate registration in attached Form 2 (a) (the attachment of a reflectr photograph taken within one month);

(b) One copy of written delegation to confirm the grounds for disqualification of the representatives of each building under Article 14 (4) of the Act (in cases of non-approval, submission to individuals);

(c) Full payment of management expenses, etc.

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