logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2015.12.15 2015가합3511
동대표 및 선출결의 무효확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a resident of B Apartment-gu located in Young-gu, Young-si (hereinafter “instant apartment”) and performed audit duties from May 1, 2013 to April 30, 2015. The Defendant is the representative meeting of occupants of the instant apartment.

B. C is a resident of the instant apartment No. 209, 1501 (hereinafter “instant apartment”). The instant apartment is registered as a co-ownership of C and his wife, two children, and C owns 1/4 shares.

C. On March 9, 2015, the instant apartment management commission (hereinafter “instant commission”) publicly announced the election of representatives from the 6th unit buildings of the instant apartment as to the period from March 19, 2015 to March 20, 2015.

C On March 20, 2015, the applicant filed an application for registration of the candidate at the place of the election of the representative of the above Dong, and the applicant did not submit the power of attorney or his children, who are co-owners of the instant case, and the photograph for election campaign material.

Accordingly, the instant committee decided on March 26, 2015 that the registration of the instant apartment 209 Dong 1501 was valid on the condition that C submitted and supplemented the power of delegation of the wife, a co-owner of the instant apartment 209 Dong 1501, and requested C to make the above supplementation. Upon submitting the power of delegation of the wife, C submitted the power of delegation of the wife, the instant committee continued election on the ground that C’s candidate registration is valid.

Accordingly, on April 20, 2015, C filed an objection with the instant committee to the effect that it is not qualified as the representative of each Dong because C did not submit a certified copy of the register, the family relations register, and the power of attorney within the candidate registration period. However, the instant committee maintained C’s Dong representative election and qualification on the same day on the ground that “two children of C are minors, who are judged to have parental authority over their parents, at least 50% of the share of housing ownership, and there is no excessive number of candidates.”

arrow