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(영문) 서울중앙지방법원 2015.06.11 2014가합17065
의결무효
Text

1. Of the instant lawsuits, the part requesting the confirmation of the expiration date of the term of office of the representative by buildings shall be dismissed.

2. The plaintiff's remainder.

Reasons

1. Basic facts

A. The defendant is an association that is not a legal entity for the management of multi-family housing and ancillary facilities in the Gangnam-gu Seoul Metropolitan Government B apartment complex (hereinafter "the apartment of this case"). The plaintiff is an occupant who resides in the 7-dong apartment of this case.

B. The term of office of the representatives of the instant apartment buildings by 24 buildings expired on November 30, 201, and the representatives of the instant apartment buildings by 25 buildings were elected on June 7, 2012. The Plaintiff filed a civil petition with the Gangnam-gu Seoul Metropolitan Government (hereinafter “Gangnam-gu”) around September 2013 to the effect that the term of office of the representatives of the instant apartment buildings by 25 buildings by 24 buildings by the 24 buildings expires until November 30, 2013, when the term of office of the representatives of the instant apartment buildings by 25 buildings by 24 buildings expires.

C. On March 21, 2014, the Defendant: (a) 20 of the 30 representatives of each Dong among 30 representatives were present, with the consent of 16 members, and (b) 16 members of the Plaintiff interfered with the Plaintiff’s work by submitting false questioning and written petition to the Defendant for the term of office of the Defendant for each Dong on December 21, 2009; (c) on January 21, 2010, at a meeting of the occupant on December 21, 2010, the Defendant made a statement that “I would refrain from observing the council of occupants’ representatives and will not run in the future when the representative is elected,” and (d) on May 25, 2012, the Defendant made a resolution with respect to the Plaintiff on the ground that it interfered with the Defendant’s work by failing to participate in the agreement again with the Defendant by committing any serious criminal act.”

On April 7, 2014, the chairperson of the apartment election commission of this case made the registration of candidates for representatives by 26 units and the announcement of election.

In the above notice, the "term" of the representatives of 26 buildings to be elected shall be June 2014.

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