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(영문) 수원지방법원 2016.01.14 2014가합9581
입주자대표회의구성원 지위부존재확인
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

1. The plaintiffs asserted that they were dismissed from the first dismissal voting conducted from September 1, 2013 to September 12, 2013 and the second dismissal voting conducted on September 23, 2013, and the representatives of each building listed in the separate sheet (hereinafter referred to as "representatives of each building") were elected as representatives of each Dong at the 16th election of the 16th unit representative of the Suwon-si Kuwon-si O apartment (hereinafter referred to as "the apartment of this case"). The representatives of each building listed in the separate sheet were elected as representatives of the 17th unit buildings by a special election conducted on October 15, 2013.

According to the management rules of the apartment of this case, if the representative becomes vacant due to dismissal, etc., he/she shall be reappointed within 60 days from the date of the vacancy, but the term of office of the representative of the 17th building shall be the remaining term of office of his/her predecessor, and the term of office of the representatives of the 17th building shall be until March 31, 2014, which is the expiration date of the term of office of the representatives of the 16th building buildings. However, the defendant, composed of the representatives of the 17th building, amended the provisions concerning the term of office in the management rules of December 16, 2013, and changed the term of office of the 17th building representatives from October 16 to October 15, 2015

However, the term of office of the representatives of the 17th buildings elected before the amendment of the management rules should be determined by the management rules prior to the amendment. As such, the representatives of the 17th buildings claim the confirmation of the fact that their terms of office expire on March 31, 2014 and they are not currently in the defendant's status as the members of the company. As such, the defendant asserts that the term of office of the representatives of the 17th buildings has already been terminated as of October 15, 2015, and that the representatives of the 18th buildings were elected on October 18, 2015, the lawsuit of this case should be dismissed as there is no benefit of confirmation.

2. The term of office of the representatives of each Dong at the 17th anniversary of the determination on the previous defense on the merits was terminated on October 15, 2015, and the fact that the representatives of each Dong at the 18th anniversary of October 18, 2015 were newly elected and their terms of office commenced from October 16, 2015.

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