해임처분취소
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details and details of the disposition;
A. The plaintiff is the chairman of the council of occupants' representatives of Yangcheon-gu Seoul Metropolitan Government B Apartment (hereinafter "the apartment of this case").
B. On February 11, 2015, C (the occupant of the instant apartment) submitted a written consent to the dismissal of the representative of the occupants of the instant apartment in the form of a civil petition with the signature of another occupant at the election commission of the instant apartment.
C. On March 2, 2015, the Election Commission asked the Defendant that “A’s civil petition is “whether a Dong representative has requested the dismissal of a representative or not a decision on whether to request the dismissal of the president of the council of occupants’ representatives may not be made.” On March 4, 2015, the Defendant respondeded to the Defendant that “C confirmed that it was a request for dismissal of the president of the council of occupants’ representatives.”
On March 13, 2015, the Election Commission requested C to specify specific and objective facts about the grounds for dismissal, and C again submitted the "grounds for Dismissal of the Chairperson of Resident Representatives (Plaintiffs)" (Evidence 3) to the election commission on July 30, 2015.
E. On August 11, 2015, C filed a civil petition with the Defendant stating that “The chairperson of the instant apartment management committee has not carried out the procedures for voting schedule, etc., so that C may take administrative measures so that voting can be carried out in accordance with the management rules.”
Accordingly, on October 16, 2015, the Defendant notified the Chairperson of the Election Management Committee of the content that “if at least 1/10 of the entire occupants, etc. consent in writing and the election commission requests to proceed with the procedure of dismissal, the election commission should proceed with the procedure of dismissal.”
F. On November 4, 2015, the chairman of the election management commission asked the Defendant that “The reason for dismissal of the chairman of the council of occupants’ representatives presented by C is different from that of Article 20(1) of the instant apartment management rules.”
Accordingly, the defendant.