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(영문) 서울고등법원 2019.07.05 2018나10359
삼익세라믹아파트 의결행위 등 금지
Text

1. The organization and organization of the election commission as of October 23, 2016 of the instant lawsuit, the exchange of which was changed in the trial.

Reasons

1. Basic facts

A. The defendant is a non-corporate body comprised of representatives from each Dong of A apartment (hereinafter referred to as “instant apartment”) with at least 500 households in Dobong-gu Seoul Metropolitan Government, and the plaintiff is one of the representatives from each Dong of 22 units (term: from March 1, 2015 to February 28, 2017) of the instant apartment around January 2015.

B. 1) The Defendant, on March 2014, 2014, is the E Co., Ltd. (hereinafter “E”) for the first time before organizing the Election Commission under D.

(2) The term of the consignment management agreement and the term of the consignment management agreement is from March 8, 2014 to March 31, 2017 (hereinafter “instant consignment management agreement”).

(2) The relevant laws and regulations concerning the composition, etc. of the council of occupants' representatives, which was in force at the time of enforcement, and the contents of the apartment management rules in this case are as follows.

(1) Pursuant to Article 43 (8) 2 of the Act, the council of occupants' representatives shall be comprised of at least four persons, but it shall be comprised of the representatives elected according to the constituency prescribed by the rules for collective housing management under Article 44 (2) of the Act (hereinafter referred to as "management rules") in proportion to the number of households by buildings (hereinafter referred to as "representatives by buildings") pursuant to Article 50 of the former Enforcement Decree of the Housing Act (amended by Presidential Decree No. 27444, Aug. 11, 2016);

In such cases, the constituency may be determined by combining two or more Dongs, or dividing by passage or floor.

(5) The council of occupants' representatives shall elect the following officers, from among the representatives of each building, with the consent of a majority of its members (referring to the prescribed number of members by the management rules, and referring to elected persons when two-thirds or more of the members of the relevant council of occupants' representatives

1. One chairperson;

2. At least one auditor;

(6) Notwithstanding paragraph (5), in cases of multi-family housing with at least 500 households, all occupants, etc. shall be appointed according to the following classification:

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