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(영문) 서울북부지방법원 2016.03.16 2015가합2731
입주자대표회의 회장지위 부존재확인
Text

1. It is confirmed that Nonparty C is not the representative of the defendant.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Basic facts

A. The Dobong-gu Seoul Metropolitan Government apartment (hereinafter “instant apartment”) consists of 14 units, 1,541 units as multi-family housing constructed in the late 1980s.

B. From March 1, 2015 to February 28, 2017, nine of the total number of 15 representatives for each Dong prescribed by the management rules was elected from the 22-time election of the instant apartment building (the term of office: from March 1, 2015 to February 28, 2017), which was implemented around January 2015. Among them, the Plaintiff was elected as the 114 representative and Nonparty C as the 105 representative, respectively.

C. Since then, from February 8, 2015 to February 9, 2015, the instant apartment election commission had run for the Plaintiff and C with respect to the election of the chairman of the council of occupants’ representatives (hereinafter “instant election”), which was held between February 8, 2015 and February 9, 2015. A total of 654 households cast a vote, and C (371 votes) who was a multilateral winner was elected as the president.

The contents related to this case among the management rules of the apartment of this case are as follows.

In May 14, 2013, Article 18 of the amended Management Rules (the term of office of the representative of each Dong) is the Enforcement Decree of the Housing Act.

The term of office of the representative of each building under Article 50 (8) shall be from March 1 until the end of February of the following year, and may be renewed only once.

Article 19 (Composition and Duties of Officers) (1) The council of occupants' representatives shall appoint the following officers (hereinafter referred to as "executive officers") of the council of occupants' representatives pursuant to Article 50 (5) of the Decree:

1. One chairperson;

2. One auditor.

3. Two directors. (2) The term of office of the executives of the council of occupants' representatives shall be the term of office of the representative for each building, and when the qualification of the representative for each building is lost, the qualification for executives shall also be lost;

The term of office of the representative of each building under Article 18 (the term of office of the representative of each Dong) of the amended Management Rules (the term of office of the representative of each Dong) Article 50 (7) of the Decree shall be from March 1 of the beginning year to the end of February of the ending year, but may be renewed only once.

The term of office of the representatives by buildings under Article 19 of the amended Management Rules (the term of office of the representatives by buildings and officers, etc.) shall be March of the year in which the two years begins.

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