(영문) 서울북부지방법원 2016.07.13 2015가단140322

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(영문) 서울북부지방법원 2016.07.13 2015가단140322

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

Facts of recognition

The plaintiff was the 6th chairman of the council of occupants' representatives of the 25 Dong-dong and 3003 households located in Nowon-gu in Seoul Special Metropolitan City (hereinafter "the apartment of this case"), and the defendant was the head of the management office of the apartment of this case since December 5, 2013.

(4) Any of the following persons shall not become the representative of each Dong, and his/her qualification shall be disqualified:

5. A person in whose case five years have not passed since he/she was sentenced to a fine of at least one million won in connection with the management of multi-family housing, and (1) occupants, etc. shall autonomously organize an election commission in order to elect (including dismissal; hereinafter the same shall apply) the chairperson, auditors and representatives by buildings of the council of occupants' representatives in a democratic and fair manner.

(2) An election commission shall be comprised of not less than five (in cases of multi-family housing with less than 500 households, not more than three) but not more than nine members, including the chairperson, and the

In such cases, any of the following persons shall not become a member of the Election Commission:

(6) Matters concerning the organization and operation of an election commission (including the confirmation of grounds for disqualification of representatives by buildings under the subparagraphs of Article 50 (4)), expenses, appointment, dismissal, term of office, etc. of members shall be prescribed by the management rules.

[Management Rules of the apartment of this case] Article 20 (Dismissal, Disqualification, etc. of the Representative of each Dong) (6) Article 50 (4) of the Decree shall apply to the grounds for disqualification of representatives of each Dong

Article 34 (Commissioning and Composition of Members) (1) Members of the Election Commission (hereinafter referred to as the "Commission") organized by himself/herself pursuant to Article 50-2 (5) of the Decree shall be the head of the management office where the council of occupants' representatives is not organized by the chairperson of the council

(2) 2. 2.

참조조문

-주택법 시행령 제50조

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