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(영문) 서울고등법원 2017.09.15 2017나584

해임무효확인 등

Text

1. Of the judgment of the court of first instance, the part of the claim for nullification of the dismissal resolution is revoked, and the plaintiff falls under the revoked part.

Reasons

1. Basic facts

A. The Defendant is the council of occupants’ representatives of the Yongsan-gu Incheon Metropolitan City B apartment (hereinafter “instant apartment”), and the Plaintiff is a person elected as the representative of each Dong-based representative from January 1, 201 to December 22, 201 (from January 1, 2015 to December 31, 2016), which is the sixth apartment of this case.

B. On March 14, 2015, the Defendant decided to proceed with the procedure to dismiss the representative of each Dong, and requested the instant apartment commission to proceed with the procedure to dismiss the representative on the 16th of the same month.

C. On March 21, 2015, the instant apartment election commission published the voting schedule for the dismissal of representatives from each Dong to the sixth constituency occupants with the following contents.

The grounds for dismissal publicly announced shall be as shown in the attached Form.

The period for submitting explanatory materials: The grounds for dismissal and the period for disclosing explanatory materials by no later than March 25, 2015: The date of dismissal voting from March 26, 2015 to April 3, 2015: The place of voting for removal from office: The method of voting for removal from office: The method of voting for removal from office: the method of voting for removal from office by a majority vote of the occupants of the relevant constituency and with the consent of a majority of voters (at the time of shortage of half voting, the visit voting for the relevant constituency, the establishment of one balloting booth), and other explanatory materials: The reason for dismissal shall be attached in front of the elevator and the distribution to each household.

D. On April 1, 2015, the instant apartment election commission made a new public announcement of the notice of dismissal voting by the representative of each Dong against the Plaintiff on the following matters to the sixth constituency occupants.

Removal voting method: A separate collection place from 7 p.m. to 7 p.m. if the guard room has a mark in opposition to dismissal and dismissal, if there is an excessive team, and if there is an excessive team, the date and time of the visit voting and the place: A.m. from 8 a.m. to 6 p.m. on April 2, 2015, and a separate collection place from 7 p.m. to 10 p.m.

E. Accordingly, from April 2, 2015 to March 3, 2015, voting was held for the dismissal of representatives by buildings against the Plaintiff. However, voting places alone fall short of a majority of occupants, and thus, the number of voters falls short of the number of voters. < Amended by Presidential Decree No. 26175, Apr.