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(영문) 서울중앙지방법원 2019.08.21 2019가합506133
동별대표자 지위 확인의 소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Seocho-gu Seoul Metropolitan Government (hereinafter referred to as the “instant apartment”) is a main complex apartment composed of five units with the size of the three underground floors and the 46th floor above the ground, and the Plaintiffs are the occupants of the instant apartment, and the Defendant is the council of occupants’ representatives of the instant apartment units established pursuant to the Multi-Family Housing Management Act.

B. The election of the representative of the instant apartment building (hereinafter “instant election”) was held from October 29, 2018 to March 6, 2019.

C. At the instant election, J Dong E, K Dong D, L Consent F, M Consent G, N N, H andO consent I were elected as each representative.

The 9th election commission of the instant apartment was P, Q, R, S, and T. The 10th election commission’s recruitment notice was made on October 23, 2018 under the name of the chairperson of the 9th election management committee, which was commissioned by U, V, W, X, and Y as a member of the election management commission on November 15, 2018. Among them, V was decided as the chairperson of the 10th election management committee.

E. The instant apartment management rules are as follows.

Article 44 (Commissioning and Organization of Members) (1) An election commission shall be comprised of five members, including the chairperson comprised of occupants, etc. and the chairperson shall be elected from among its members.

(2) Members of the Committee shall publicly announce open recruitment by not later than 60 days before the expiration of the term, and shall be commissioned by the chairperson of the election management (where an election management commission is not organized, or the chairperson of the election management is unable to commission due to dismissal, resignation, etc. of the chairperson, referring to acting on behalf of the chairperson of the council of occupants' representatives and the head of a cultural living support center

Article 45 (1) (1) (term of office and loss of qualifications) (1) The term of office of a member shall be from the monthly date to the date following the year (two years) and may be renewed consecutively, and the term of office of the chairperson shall be from the date the term of office of the member expires

Provided, That the resignation or commission shall be made during the term of office.

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