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(영문) 인천지방법원부천지원 2015.03.20 2014가합2135
입주자대표회의회자 등 선출 무효확인
Text

1. The plaintiff's primary and conjunctive claims are all dismissed.

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

Reasons

1. Basic facts

A. The plaintiff is the occupant of Kimpo-si B Apartment-si (8 Dong, 432 households, hereinafter "the apartment of this case"), and the defendant is the autonomous management organization composed of the above apartment occupants.

(2) According to the instant management rules, one chairperson, one auditor, and two directors shall be appointed as executives of the council of occupants’ representatives. The term of office of the said apartment is from November 1, 2011 to October 31, 2013.

(3) Residents of the instant apartment were established under Article 50-2(1) and management rules pursuant to the Enforcement Decree of the Housing Act. The second election commission was composed of five members, who are the chairman of the election management committee and the election management members, F, G, H, and I. The term of office is from January 1, 2013 to December 31, 2014.

B. From August 2013 to October 31, 2013, since the term of office of the 6th election commission was expired on October 31, 2013, the election commission at the 3rd election commission and the 7th election commission at the 2nd election commission performed election management for the formation of the 7th election commission and the 7th election commission. In the process, disputes arose between some occupants as follows.

(2) On September 2013, 2013, 70 people, including J, etc., who were the occupants of the apartment of the instant apartment, established a “B apartment tax settlement group” and raised questions about the performance of duties by the second election commission, and urged the second election commission to provide explanations.

Since then, the above group, from January 13, 2014 to January 20, 2014, conducts a signature campaign for the resident requesting the dissolution of the election commission, and from 255 households, the second election commission that stated that the second election commission agrees to the dissolution of the election commission pursuant to Article 35(6) of the Management Rules, as the second election commission neglects or abandons its duties and causes damage to the resident who moves into the election management in an unfair manner."

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