결의 무효 확인의 소
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Defendant is the council of occupants’ representatives consisting of B apartment units with a total of 766 households in Seo-gu, Gwangju (hereinafter “instant apartment”) and the Plaintiff has been elected as the Defendant’s president who has his term of office for two years from June 1, 2017 and has performed his duties.
B. On October 17, 2017, the director of the Defendant’s management office, and the Defendant’s director D obtained consent from six of the Defendant’s 15 members (E, F, G, H, I, and J) and requested the Defendant to hold a special meeting on his/her cooperation, etc. on October 20, 2017. The Defendant’s six members (D, J, L, E, M, M, and H) requested the Plaintiff to hold a special meeting on five agenda, such as K cooperation, pursuant to Article 23(3)5 of the instant apartment management rules, but the Plaintiff did not comply with each of the above demands for convocation.
C. On November 17, 2017, three executives of the Defendant (D directors, J directors, L auditors) decided to hold a special meeting on 12 agenda items, including the removal of the Plaintiff, at a meeting of executive officers, and publicly announced that D, the oldest of the Defendant’s director, on his/her behalf, shall convene a special meeting on November 18, 2018, pursuant to the proviso to Article 23(1) of the Management Rules of the instant Apartment Building.
In a special meeting held on November 23, 2017, the Defendant decided to dismiss the Plaintiff as the Defendant’s Chairperson pursuant to Article 20(1)2 of the said Management Rules on the ground that “the Plaintiff did not convene a regular meeting or a special meeting as prescribed by the rules, and neglected or neglected to perform his/her duties to carry out color and waterproof works, etc., which have been resolved by the council of occupants’ representatives opened for September, thereby violating Article 23(2), (3), and Article 33(1) of the said Management Rules.”
E. Upon the instant resolution of dismissal, the Defendant requested the instant apartment commission to proceed with the dismissal procedure against the Plaintiff pursuant to the proviso of Article 20(6) of the said Management Rules, and the said decision was made.