입주자대표회의회장해임결의무효확인 등
Of the instant lawsuits, the part of the claim for nullification of the dismissal resolution is dismissed.
The plaintiff's remaining claims are dismissed.
1. Basic facts
A. The Defendant is the council of occupants’ representatives comprised of B apartment units with a total of 998 households in Seodaemun-gu Seoul Metropolitan Government (hereinafter “instant apartment units”). Around July 25, 2016, the Plaintiff is a person who was elected as the Defendant’s chairperson from July 26, 2016 to July 25, 2018 and performed his duties before dismissal as the representative of the instant apartment unit D units.
B. around September 27, 2017, 341 occupants, etc. of the instant apartment were required to dismiss the Plaintiff, who is the president of the council of occupants’ representatives, to the election commission of the instant apartment.
Accordingly, on October 30, 2017, the Defendant made a vote to dismiss the chairperson of the Defendant. On October 31, 2017, the Defendant publicly announced the result of dismissal of the Plaintiff on the following: “305 of the total number of voters, 998, 304, and 1 as invalid, were dismissed by the Plaintiff.”
(hereinafter referred to as “instant resolution of dismissal”) with respect to dismissal voting implemented on October 30, 2017.
As Seoul Western District Court 2017Kahap298, the Plaintiff filed an application with the Defendant for provisional disposition of suspending the validity of the instant dismissal resolution, and on April 12, 2018, the said court rendered a provisional disposition order that “the validity of the instant dismissal resolution against the Plaintiff shall be suspended until the judgment on the merits becomes final and conclusive” on the ground that the instant dismissal resolution, without preparing an electoral register, was a serious procedural defect in the process of making a visit voting only without a field voting.
On the other hand, on January 18, 2018, the Defendant held a temporary council of occupants' representatives for each Dong and decided to proceed with the procedures for dismissal of the representative of each Dong on the ground that the Plaintiff was not present at least three times as the representative of each Dong Dong, and on February 8, 2018, voting was held by the occupants of the instant apartment building D, and the result that the Plaintiff was dismissed from the representative of each Dong Dong with the consent of two households on February 46, 2018 and the consent of forty-two households was notified.
E. The plaintiff is the defendant.