해임결정무효확인
1. On February 3, 2017, the Defendant’s decision to dismiss the representative of each Dong and the president of the council of occupants’ representatives against the Plaintiff.
In fact, the Plaintiff is the representative of each building in Jung-gu Daejeon Metropolitan City (hereinafter “instant apartment”) and a person elected as the chairperson of the council of occupants’ representatives by taking his/her term of office from April 1, 2015 to March 31, 2017.
On January 17, 2017, D (4), E (6) and F (21) (hereinafter collectively referred to as "D, etc.") were elected as representatives for each Dong, and some members of the election commission for the above special election were commissioned by the head of the management office who is not the chairperson of the council of occupants' representatives.
On January 19, 2017, at the temporary council of occupants' representatives, 11 representatives of each Dong including D and F among the representatives of 18 buildings, including D and F, were resolved on the process of dismissing the plaintiff and the chairperson of the council of occupants' representatives (hereinafter referred to as "resolution on dismissal of this case").
According to the instant resolution of dismissal, between February 2, 2017 and February 3, 2017, the Plaintiff’s dismissal voting was held for each Dong’s representative’s dismissal of the Plaintiff. On February 3, 2017, with the consent of 86.2% of the households in the constituency, a decision of dismissal against the Plaintiff was made (hereinafter “instant dismissal decision”).
The management rules of the apartment of this case, the Multi-Family Housing Management Act, and the Enforcement Decree thereof are as follows.
Article 17 (Election of Representatives by Building) (1) of the former Management Rules (amended on May 9, 2013; hereinafter referred to as the "former Management Rules") (1) The council of occupants' representatives shall be comprised of the representatives of each building and the representatives of each building that constitutes the council of occupants' representatives shall elect the total number of 24 persons per Dong pursuant to Article 50 (1)
Article 20 (Dismissal of Representatives, etc. by Building) (2) When representatives by building fall under reasons for dismissal under paragraph (1), written consent of at least 1/10 of the occupants, etc. in the relevant constituency or a council of occupants' representatives may request that the election commission proceed with the procedures for dismissal by resolution with the consent of a majority
Article 27 (Matters to be Resolved by Council of Residents)