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(영문) 부산고등법원 2020.01.15 2019나54798
회장선출결의무효확인 등
Text

1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's lawsuit against the defendant shall be dismissed.

3...

Reasons

1. Basic facts

A. 1) B apartment (hereinafter “instant apartment”) such as the party’s status

The apartment housing consisting of 2,027 households in Ulsandong-gu L. The defendant is the council of occupants' representatives consisting of representatives from each Dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si

B. On May 8, 2017, the election of the representative of the 10th apartment building in the instant case, and the election of the 10th chairman and the 10th chairman of the Defendant’s 10th election procedure, etc., were held, and the representatives of 21 units among the 25th buildings were elected. At that time, the Plaintiff was also elected as the 10th Kdong representative of the instant apartment building. The election commission of the instant apartment in the instant case was going through the election of the 10th chairman and the auditor, and the Plaintiff also registered as the 10th chairman and the 10th chairman of the Defendant’s 10th election period during the election period.

On May 17, 2017, the Plaintiff: (a) held a council of occupants’ representatives to present a proposal to dismiss all election management members on the grounds that “the election management commission failed to properly manage the election, such as neglecting the control over damage to posters and spread of wills;” and (b) made a resolution to dismiss all election management members at the council of occupants’ representatives on the same day.

3. As the above dismissal of all election management members was delayed for a considerable period of time, M, the head of the management office of the apartment of this case, on June 5, 2017, is based on Article 37(2) of the Management Rules of the apartment of this case.

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