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(영문) 대전지방법원천안지원 2015.05.22 2014가합103384

동대표지위확인청구의 소

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1. At the time of May 31, 2014, the Plaintiff confirmed that he/she maintained the Defendant’s representative status by Dong.

2...

Reasons

1. Facts of recognition;

A. On June 1, 2012, the Plaintiff was elected as the representative of Seo-gu, Seo-gu, Seo-gu, Seo-gu (hereinafter “instant apartment”) 402 Dong 10, and had been working as the representative of each Dong and the Defendant’s general affairs from that time.

The term of office of the representative of each Dong was two years, which was scheduled until May 31, 2014.

B. On February 18, 2014, the instant apartment management commission received a proposal to dismiss the representative of each Dong from the 402 occupants of the instant apartment complex on the ground that the Plaintiff unfairly interfered with the labor and personnel management of the managing body, and violated Article 51(5) of the Enforcement Decree of the Housing Act, and did not put any goods stored in the underground room of the instant apartment, and that the Defendant violated Article 13(1)1, 7, and 20(1)3 of the instant apartment management rules by using the Defendant’s operating expenses for any other purpose, etc., and submitted a written objection to the instant apartment management commission on February 19, 2014 pursuant to Article 20(7) of the instant apartment management rules to the Plaintiff, and the Plaintiff submitted a written objection to the instant apartment management commission on February 19, 2014.

C. On March 7, 2014, the instant apartment election commission publicly announced that, pursuant to Article 50 of the Enforcement Decree of the Housing Act and Article 20 of the instant apartment management rules, the Plaintiff will vote by dismissal of the representative of each Dong on March 17, 2014.

As a result of the voting conducted on March 17, 2014 (hereinafter referred to as “instant voting”), 35 votes from among 56 total voters consented to the dismissal of the Plaintiff. Based on the result of the instant voting, the instant apartment election commission announced on March 18, 2014 that the Plaintiff would be dismissed from the representative of each Dong pursuant to Article 20(3) of the instant apartment management rules.

(7) Representatives by buildings and offices under Article 50 of the Enforcement Decree of the Housing Act.