입주자대표회의 회장 해임결의 무효 확인
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Defendant is the council of occupants’ representatives comprised of representatives by buildings in Jung-gu, Seoul (hereinafter “instant apartment”), and the Plaintiff was the representative of the instant apartment building 106 Dong and the person elected as the president of the council of occupants’ representatives by Dong around April 1, 2014 and the term of office until March 31, 2016.
B. On April 13, 2015, the instant apartment emergency countermeasures committee carried out the procedure for dismissal of the Plaintiff on the grounds that “the Plaintiff ordered an excessive setting of the apartment seal construction cost, and the long-term repair appropriations were opened and used unfairly.” The instant apartment election commission, as the representative of the Plaintiff and the president of the council of occupants’ representatives at the 106 Dong Dong buildings, were voting on the dismissal of the Plaintiff.
As a result, 527 of the residents' representatives' representatives' representatives' 550 voters, and 99 of the residents' 106 Dong residents' 106 Dong residents' 105 voters.
Therefore, the apartment election commission of this case held a meeting on the same day to deliberate and resolve on the dismissal of the plaintiff's 106 representative by Dong and the chairperson of the council of occupants' representatives according to the result of the above election, and publicly announced on April 14, 2015.
C. After that, the instant apartment was selected as the Plaintiff’s successor, and C was in office from June 12, 2015 to March 31, 2016.
On the other hand, C was again elected as the chairman of the council of occupants' representatives of the apartment of this case through an election on February 2016, and the term of office is from April 1, 2016 to March 31, 2018.
The plaintiff is a director around February 2016 and does not reside in the apartment of this case at present.
On the other hand, in the case of criminal complaint for occupational embezzlement against the plaintiff (Seoul Northern District Court 2015dan4434), the verdict of innocence was pronounced.
(A) The appellate court rendered a judgment dismissing the appeal in Seoul Northern District Court 2016No718.