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(영문) 서울남부지방법원 2014.12.05 2014가합7026
입주자대표회의 회장 등 당선무효 등
Text

1. The election of the representative of the third constituency (104, 105 Dong) held by the Defendant on January 28, 2014 and the election of the representative of each Dong (104, 105 Dong) held on February 28, 2014.

Reasons

1. Basic facts

A. C, on April 201, 201, was elected at a special election by representatives for each Dong of Gangseo-gu Seoul Metropolitan Government B apartment (hereinafter “instant apartment”) and served as 104 representatives until February 29, 2012 (No. 2) and again, was elected as the representative of the instant apartment building and the chairperson of the Defendant, and performed duties from March 1, 201 to February 28, 2014 (No. 3).

B. C was elected as the president in the election of the representative of each apartment building of this case, which was implemented on January 28, 2014, from 104,105 representative, and was elected as the president on February 28, 2014.

(4)(c).

The relevant Acts and subordinate statutes and the defendant management rules applicable to this case are as follows:

[] The council of occupants' representatives under Article 43 of the Housing Act and the rental business operator under Article 2 subparagraph 4 of the Rental Housing Act shall jointly determine matters concerning the management of a mixed housing complex.

In such cases, in a mixed housing complex where the council of lessees' representatives is organized pursuant to Article 29 of the Rental Housing Act, a rental business operator shall consult in advance with the council of lessees' representatives on the matters of paragraph (3)

[Enforcement Decree of the Housing Act]

(7) The term of office of the representative of each building shall be two years, but he/she may be reappointed only once;

(2) The amended provisions of Article 50 (7) of the Addenda shall apply from the representatives of each Dong elected for the first time after this Decree enters into force.

2. Article 50 of the Enforcement Decree of the current Housing Act (amended by Presidential Decree No. 24307, Jan. 9, 2013) (8) The term of office of the representative of each building shall be two years, and may be renewed only once;

[Management Rules]

1. In selling in lots and leasing mixed complexes under Article 16 of the former Management Rules (amended by May 2008), a representative meeting of multi-family housing which combines the council of occupants' representatives and the council of lessees' representatives shall be organized;

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