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(영문) 인천지방법원 2017.12.21 2017나7170
체납관리비등
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal are assessed against C as the representative of the Plaintiff.

purport, purport, and.

Reasons

1. Basic facts

A. The plaintiff is the representative meeting of occupants representing 40 households of Jung-gu Incheon Metropolitan Government A Apartment (hereinafter "the apartment of this case"), and the defendant is the occupant of the apartment of this case 305.

B. 1) A lawsuit relating to the Plaintiff’s representative status was filed from around 2009 to June 19, 2012. A resident of the instant apartment from around 2009 to June 19, 2012. As a result of raising the management expenses per household, D was non-Confidence, and the Defendant was elected as the representative at the Plaintiff’s election conducted on June 19, 2012 under the arbitration of the Jung-gu Incheon Jung-gu Office. Although the Defendant requested D to deliver all documents, such as the original management account book of the instant apartment, the Plaintiff (the Defendant at that time) rejected D, but the Plaintiff (the Defendant at that time won the lawsuit against D) filed a lawsuit claiming delivery of the document against D, which was the Seoul High Court 2014Na23722, and during the appellate trial, the conciliation was established to newly elect the Plaintiff between the Plaintiff and the Plaintiff and the Plaintiff’s president in a fair manner.

3) On December 14, 2015, at an election implemented in accordance with the above conciliation, C was elected as the Plaintiff’s representative by running as a sole candidate (hereinafter “instant election”).

(4) However, on July 7, 2016, the Defendant filed a lawsuit against the Plaintiff for confirmation of the absence of a representative status of C (Seoul District Court 2015Gahap59722). On the other hand, on the instant election, the Defendant issued a public notice of election without granting a candidate qualification to E even though the Plaintiff lawfully registered his/her candidate, and was sentenced to a judgment with the effect that the Plaintiff’s election of C as the representative is unlawful and invalid.

(hereinafter “instant judgment”). The Plaintiff appealed the said judgment, but was sentenced to the dismissal of the appeal, and thereafter, the Plaintiff filed an appeal with Supreme Court Decision 2017Da202852 Decided March 17, 2017.

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