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(영문) 부산고등법원 2016.07.14 2015나4771

동별대표자해임투표무효

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1. Revocation of a judgment of the first instance;

2. The Defendant’s resolution to dismiss the representative of each Dong on May 22, 2015 against the Plaintiff was made.

Reasons

1. Basic facts

A. On March 9, 2015, the Plaintiff is a person who was elected as the representative for each building (the fifth constituency) located in Busan Shipping Daegu Apartment (hereinafter “instant apartment”) No. 9-10 on March 9, 2015, and the Defendant is a non-corporate company comprised of the representatives for each building of the foregoing apartment.

B. On April 6, 2015, the Plaintiff registered as a candidate for the election of the representative of the instant apartment building as a candidate for the election of the head of the Dong, and entered the “Seoul National University graduate” as the final academic background. However, the said final academic background entered by the Plaintiff around April 6, 2015, which was after the election of the representative of the instant apartment building 9-10Ra (election district No. 5) was revealed to be false. (2) The election commission affiliated with the Defendant (hereinafter “election commission”) demanded the Plaintiff to explain on April 6, 2015, the reasons why the Plaintiff stated false academic background and the Plaintiff’s final academic background, etc. on April 15, 2015. On April 15, 2015, the Plaintiff publicly announced that the instant apartment was elected as a candidate for the election of the representative of each Dong by entering false academic background and making a false entry therein.

In addition, on April 16, 2015, the occupant occupant management committee of the instant apartment complex (hereinafter “occupant management committee”) announced that, with the consent of three members of the occupant management committee, three of the four members request the progress of the procedure for voting on dismissal of the Plaintiff to the election management commission.

3) On May 15, 2015, an election commission issued a public notice to the effect that the Plaintiff interfered with the duties of the occupant management committee by stating false academic background in the election process of representatives by buildings, attaching illegal promotional materials, or destroying the notice attached by the management authority, such as the occupant management committee, etc., on the following schedule: The voting date: May 21, 2015 to May 22, 2015 (gold method and date: - direct voting method and date: 09:0 to 17:00 to 21:00.