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(영문) 수원지방법원 2018.06.07 2017구합69985
시정명령취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff is a non-corporate body that consists of representatives of each Dong elected by occupants, etc. under the Multi-Family Housing Management Act and the Enforcement Decree thereof for the management of the Gosi-gu A apartment (hereinafter “instant apartment”).

B. On December 13, 2016, the Plaintiff held a special meeting and resolved on the agenda for deliberation on the amendment of the management rules of the instant apartment, and among the minutes of the said special meeting, the term “matters to be resolved upon” on the said agenda shall be indicated as follows: “The amendment of the management rules as originally adopted in accordance with the relevant statutes and the management rules, and shall be decided to report it to the competent supervisory authority within the given time limit.” The amendment request content: four directors and nine election management members shall be reviewed and applied after gathering their opinions.”

C. After that, the Plaintiff reported the amendment of the management rules to the Defendant, and the Defendant accepted the Plaintiff’s report on the amendment of the management rules on February 10, 2017.

[The part related to this case in the amendment is the portion that increased from five to nine election management members (Article 34(1) of the Management Rules).

On the other hand, at the temporary emergency meeting of the council of occupants' representatives held on December 28, 2016, ten persons, including the representatives of some buildings of the instant apartment units, among the representatives of the instant apartment units, the resolution was made on the dismissal voting agenda of B (the chairperson of the Plaintiff at the time), C, D, E, F, and G (hereinafter collectively referred to as "B, etc.") among the representatives of the instant apartment units, and on January 2, 2017, the voting was held for the dismissal of representatives of each building in B, etc. among the representatives of the instant apartment units, and B, etc. was dismissed from office by the representatives of each building with the consent of a majority

Accordingly, on February 10, 2017, the plaintiff filed a report on the change of the composition of the council of occupants' representatives with H the representative of the plaintiff, and the defendant accepted the above report.

E. B, etc. on March 3, 2017, the Suwon District Court Decision 2017Kahap10057, which made a provisional disposition to preserve the status of representative of each building against the Plaintiff.

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