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(영문) 서울행정법원 2015.06.18 2014구합65301
시정명령 등 처분취소 청구의 소
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 non-corporate body comprised of representatives from each Dong elected by occupants, etc. under the Housing Act and the Enforcement Decree thereof for the management of Seongbuk-gu Seoul Metropolitan Government A apartment (hereinafter “A apartment”).

In addition, in A apartment, the election commission (hereinafter referred to as the "A apartment preference") is separately organized in accordance with Article 50-2 of the Enforcement Decree of the Housing Act in order to elect the chairperson, auditors and representatives of each Dong.

On the other hand, B is a person who had resided from around December 26, 201 in A apartment 203 Dong 1902 and 1902, one-half shares of his own son, and C is a person who had resided from around December 30, 2004 in A apartment 203 Dong 502 and 502 owned by her husband.

B. The A Apartment Line held an election to elect representatives from the 11st unit of the Plaintiff.

A Apartment 203 as the representative candidate for each Dong 203 apartment was registered B and C, and because they were not the owner of the apartment, their lineal ascendant or spouse, they were the owner of the apartment. As prescribed in Article 22 of the A Apartment Management Rules, etc., they received the power of delegation from the owner, the son, or the husband under the attached Form 3 of the Management Rules.

However, C submitted a letter of delegation accompanied by a certificate of the personal seal impression and a copy of resident registration (hereinafter “certificate of the personal seal impression, etc.”), while B submitted the letter of delegation without attaching the certificate of the personal seal impression of the delegating.

On the other hand, as a result of the election on October 1, 2013, B obtained 42 marks in total 56 marks.

C. However, on October 14, 2013, C filed an objection on the ground that “B did not submit a certificate of the personal seal impression attached to the power of attorney among documents for the candidate registration, but rather did not deem B’s candidate registration invalid, and that C’s election was erroneous.”

Then, A apartment line line on November 201, 2013 is October 1, 2013.

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