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(영문) 수원지방법원 2015.01.23 2014구합5706
과천5단지제17대입주자대표회의구성신고 반려통보취소
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 council of occupants’ representatives comprised of 13 representatives from each Dong-si A Apartment (hereinafter “instant apartment”) on March 20, 2014 and the same year.

4. 8. In each election implemented on 8. The representatives and executive officers by buildings (the president: B, auditors: C, and D) were all elected, and the 17th council of occupants’ representatives was constituted, the report on the establishment of the council of occupants’ representatives was made to the Defendant on May 26, 2014.

B. On May 28, 2014, the Defendant rejected the report on the formation of the council of occupants’ representatives on the ground that “B and representatives of some buildings elected by the president of the Plaintiff were newly established under Article 50(7) of the Enforcement Decree of the Housing Act as the Enforcement Decree of the Housing Act was amended by Presidential Decree No. 2254 on July 6, 2010, but the said Enforcement Decree was re-amended by Presidential Decree No. 24307 on January 9, 2013, Article 50(8) was prescribed under Article 50(8).”

(hereinafter referred to as "disposition in this case"). [Grounds for recognition] The fact that there is no dispute, each entry of Gap's evidence Nos. 3 through 10, the purport of the whole pleadings / [founded statutes] Article 50 (Composition, etc. of Council of Residents' Representatives) of the Enforcement Decree of the Housing Act (Amended by Presidential Decree No. 25320, Apr. 24, 2014) (1) The Council of Residents' Representatives shall be comprised of at least four persons pursuant to Article 43 (7) 2 of the Act, and the representative (hereinafter referred to as "representative of each Dong") elected according to the constituency prescribed by the rules for collective housing management (hereinafter referred to as "management rules") in proportion to the number of households by buildings

In such cases, the constituency may be determined by combining two or more Dongs, or dividing by passage or floor.

(5) The council of occupants' representatives shall elect the following officers, from among the representatives of each building, with the consent of a majority of its members (referring to the prescribed number of members by the management rules, and referring to elected members when not less than 2/3 of the members of the relevant council of occupants' representatives

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