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(영문) 부산지방법원 2020.02.12 2019가합619
입주자대표회의의결무효확인
Text

1. The Defendant confirms that a resolution, as shown in the attached Form, made by the council of occupants' representatives on April 30, 2019, is null and void.

2...

Reasons

1. Facts of recognition;

A. 1) The plaintiff is the B apartment located in Busan Jin-gu, Busan (hereinafter "the apartment of this case").

(2) The Defendant is a non-corporate group comprised of representatives from each Dong of the instant apartment according to the Multi-Family Housing Management Act, and E is a representative from July 1, 2018 to June 30, 2020) of the Defendant’s 22 buildings (the term of office from July 1, 2018 to June 30, 202) and the Chairperson.

B. On April 30, 2019, the Defendant held a council of occupants’ representatives on April 30, 2019 (1) E, as the Defendant’s president, announced on April 26, 2019 that the Defendant would hold a council of occupants’ representatives on April 30, 2019, by holding a council of occupants’ representatives (hereinafter “instant council”) as an agenda item. (2) On April 30, 2019, the Defendant decided on the election of the representative officer, the deliberation of rooftop waterproof construction, the road packaging construction, and the deliberation of tree batteries work in the complex (hereinafter “each agenda of this case”).

(hereinafter referred to as “instant resolution”). C.

1) On October 8, 2018, the Defendant reported to the head of the Seocho-gu Busan District Court on the formation of a council of occupants' representatives to the head of the Seocho-gu, Busan District Court. On October 8, 2018, the head of the Busan District Court rendered a disposition that “E is in violation of the heavy rental restriction provision pursuant to Article 13(2) of the Enforcement Decree of the Multi-Family Housing Management Act, and thus it is impossible to accept the said report on the ground that the above report is inappropriate.” (2) Accordingly, the Defendant filed an administrative litigation against the head of the Busan District Court against the head of the Busan District Court seeking the revocation of the above disposition (hereinafter “relevant administrative litigation”).

3) On April 4, 2019, E was elected in violation of the provisions of the Enforcement Decree of the Multi-Family Housing Management Act and cannot be deemed a legitimate representative of the defendant, and the above lawsuit was dismissed on the ground that it was instituted by E without legitimate power of representation. 4).

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