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(영문) 의정부지방법원고양지원 2015.01.23 2014가합5883
입주자대표회의회장선거무효학인
Text

1. It is invalid that the Defendant’s election of C as the president at the meeting of the council of occupants’ representatives held on July 7, 2014.

Reasons

1. Basic facts

A. The Plaintiff is a resident of Goyang-gu Goyang-gu D apartment (hereinafter “instant apartment”).

B. On May 13, 2014, the instant apartment election commission publicly announced for the election of representatives from the 16th unit of the instant apartment building on May 13, 2014, and as a result, from June 9, 2014 to June 13, 2014, the Plaintiff was elected respectively as the 515 unit of the instant apartment, E as the 565 unit of Dong, and C as the 523 unit representatives of the instant apartment.

C. However, on June 26, 2014, the apartment election commission of this case made a resolution to invalidate the election of the representative of each Dong against the plaintiff on the same day, with four affirmative votes of 7 election management members and 3 opposing votes of 7 election management members.

On June 26, 2014, the instant apartment election commission announced the president and the auditor to organize the 16th council of occupants' representatives of the instant apartment, and held an election to elect the president of the council of occupants' representatives on July 7, 2014 (hereinafter “instant election”).

E. Although the above election was run for E, C, and F, the instant apartment election commission, on July 6, 2014, the day before the said election was held, passed a resolution of deprivation of candidate status against E on the other hand, and on the other hand, on July 6, 2014, the election commission of the instant apartment. The election commission decided to deprive of candidate status against E on the other hand, and the F was finally elected as a single withdrawal horse upon resignation from the candidate.

F. However, on July 7, 2014, the instant apartment election commission, on the premise that F and C2 were candidates for the president, on the ground that F submitted a resignation letter in writing to the competent election commission, and F and C were elected as candidates for the president. In the instant election, C and C were elected as the president with 105 votes.

G. Relevant parts of the management rules and election management regulations of the instant apartment are as follows.

(1) The representative of each building constituting the council of occupants' representatives under Article 17 of the Management Rules (election of representatives by Dong) shall be elected by one person for each Dong pursuant to Article 50(1) of the Enforcement Decree of the Housing Act.

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