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(영문) 대구지방법원 2016.07.22 2015가합206007
해임무효등확인청구의소
Text

1. The plaintiff B and C's lawsuit shall be dismissed.

2. The claims of plaintiffs D, E, F, G and H are dismissed.

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

Reasons

1. Basic facts

A. The plaintiffs are the occupants of A apartment located in Daegu Jung-gu L (hereinafter "the apartment of this case"), and the council of occupants' representatives consisting of the residents' representatives under the management rules of the apartment of this case, and the defendant election commission is the election commission composed of the above management rules.

B. On November 28, 2014, the election commission of the instant apartment (hereinafter “previous election commission”) announced that the Plaintiff D, E, F, G, H and M were the representatives of each Dong, and M was the president of the council of occupants’ representatives on December 19, 2014, respectively.

C. However, the previous election commission, as of December 8, 2014, decided that “the election of the representatives by buildings against M shall be invalidated,” and on January 15, 2015, publicly announced that “M shall invalidate the election of the representatives by buildings and the chairperson of the council of occupants’ representatives in accordance with the result of the meeting on December 8, 2014.”

On the other hand, before the end of the term of office as of December 31, 2014, the president of the council of occupants' representatives appointed Plaintiff B and C as election management members pursuant to Article 21(4) of the Management Rules on January 2, 2015, and the previous election commission was reorganized. Plaintiff D was elected as the president in the election of the council of occupants' representatives, which was led by the previous election commission from April 19, 2015 to April 21, 2015.

M, on July 16, 2015, on the premise that the qualification of the chairman of the council of occupants' representatives is maintained, under Article 34 (1) 2 and 4 of the Management Rules, he/she commissioned K as a member of each election management member upon recommendation of I and J, and the head of the management office P. On August 6, 2015, the Defendant Election Commission newly organized as a member of the council of occupants' representatives on three or more occasions without any special reason.

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