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(영문) 서울행정법원 2017.02.10 2016구합9091
입주자대표회의구성신고 반려처리 취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. A (hereinafter “instant apartment”) is a multi-family housing consisting of 20 households in Gangnam-gu Seoul and 1,020 households in total, and the Plaintiff is the council of occupants’ representatives consisting of representatives from each Dong of the instant apartment.

B. The management rules of the apartment of this case set the number of representatives for each Dong as 15.

C. At an election conducted on September 8, 2016 and September 9, 2016, c, D, E, F, and G5 representatives of the first apartment of this case, the 15 representative representatives of each Dong of the 15th council of occupants' representatives, and C were elected respectively as the president of the 2nd council of occupants' representatives.

The representatives of the above five buildings held extraordinary meetings on October 4, 2016, and elected D, E as auditors, and F as auditors, respectively.

C. On October 5, 2016, the Plaintiff reported to the Defendant that the 2nd council of occupants’ representatives of the instant apartment was comprised of the representatives of each Dong C, D, E, F, and G5. Of the representatives of the said Dong, C was the president, D, E as auditor, and F was elected as directors.

On October 20, 2016, the Defendant rejected the Plaintiff’s report on the formation of the council of occupants’ representatives due to the following reasons:

(hereinafter referred to as the "disposition in this case"). The auditor of the apartment in this case shall be elected through the general, equal, direct or secret election of occupants, etc., but there is no candidate or no elected person (including the case where the selected person does not have to be elected and requires additional election because he/she falls short of the number required to be elected), he/she shall be elected with the consent

(Article 12 (2) 1 (b) of the Enforcement Decree of the Multi-Family Housing Management Act. The term "members of a council of occupants' representatives" means the prescribed number of representatives for each building prescribed by the management rules, and where two-thirds or more of the members of the council of occupants' representatives are elected

.multi-family housing management;

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