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(영문) 대구지방법원 2020.04.16 2019가합206227
입주자대표 지위부존재확인 청구
Text

1.D confirms that it does not fall under the status of the tenant representative of the Glurging-gun C Apartment, Glurging-gun;

2. The plaintiff's remainder.

Reasons

1. Basic facts

A. The C Apartment stated in the position of the parties is an apartment building consisting of 7 Jdong-dong and K-dong and 5 floors above each ground (hereinafter “instant apartment”), and the plaintiffs are the occupants of the instant apartment, and the defendant is the council of occupants’ representatives of the instant apartment.

B. 1) The old Housing Act (amended by Act No. 13474, Aug. 11, 2015; hereinafter “former Housing Act”) applicable at the time of the instant apartment case

(2) The Enforcement Decree of the Housing Act (amended by Presidential Decree No. 26749, Dec. 22, 2015; hereinafter “former Enforcement Decree of the Housing Act”) refers to “former Enforcement Decree of the Housing Act”.

(2) The management rules of the instant apartment (hereinafter “instant management rules”) and the instant apartment management rules

(3) Residents shall, upon receipt of a request under paragraph (1), constitute a council of occupants' representatives within three months from the date of receipt of such request, and determine management methods of the relevant collective housing (where a management method is selected by entrustment to a housing management operator, including the selection of the said housing management operator):

and report to the head of the competent Si/Gun/Gu.

(8) Matters necessary for the following matters shall be prescribed by Presidential Decree:

The provisions of Article 20 (1) shall apply mutatis mutandis to the cases of the head of Si/Gun/Gu.

(3) The representative of each building shall be an election district according to the following classification among the occupants (referring to the representatives in cases where the occupants are a corporation) who reside in the relevant collective housing complex for not less than six consecutive months (excluding cases where the first council of occupants' representatives is organized or the representatives by buildings are elected to constitute the council of occupants' representatives under the proviso to paragraph (2)) after the resident registration is completed as of the date on which the representatives by buildings are elected and announced publicly:

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