logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2016.06.22 2015구합3653
입주자대표회의 구성신고서반려처분취소
Text

1. The instant lawsuit shall be 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 representatives from each Dong of the wife A (hereinafter “instant apartment”).

B. Since B elected as the 107 representative representative representative of the instant apartment building, C resigned from office on August 2010, through a special election around 2010, and carried out the duties of representative of each building by being elected as the 107 representative representative, and on May 3, 2012, it continued to perform the duties of representative of each building by being elected as the 107 representative representative representative.

C. At the election of the representative of each building implemented on May 11, 2014, C was elected respectively as 107 representative, D was elected as 104 Dong Dong Dong and 105 representative, and C was elected as the chairperson and D was elected as the auditor on June 19, 2014.

On June 23, 2014, the Plaintiff submitted a report on the formation (change) of the council of occupants’ representatives to the Defendant. However, on July 3, 2014, the Defendant rejected the said report on the ground that “C and D violate the Employment Restriction Provisions under Article 50(8) of the Enforcement Decree of the Housing Act and cannot be elected as representatives for each Dong.”

E. On January 30, 2015, the Defendant urged the Plaintiff to report the change of the council of occupants’ representatives, and on March 5, 2015, the Plaintiff submitted to the Defendant a report on the formation (change) of the council of occupants’ representatives stating that “C was elected as the president and as the auditor, respectively.”

F. On March 11, 2015, the Defendant notified the Plaintiff of the evidentiary materials that “C and D shall not constitute a heavy restriction under the provisions of Article 50(8) of the Enforcement Decree of the Housing Act, the election public notice and the minutes of election commission, the confirmation of the grounds for disqualification of representatives by buildings, the documents related to the dispatch of officers (the election minutes, the copy of the public notice), and the ballot papers (e.g., the ballot papers) by March 18, 2015.”

G. On March 18, 2015, the term of office of the Plaintiff after a special election by 's vacancy' to the Defendant is not included in the term of office subject to restriction on reappointment.

shall not fall under any of the preceding directors.

arrow