입주자대표회의결의무효확인
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. The Defendant is a council of occupants’ representatives comprised of 15 representatives from each Dong, which is a multi-family housing of 1,550 households. The Plaintiff is a person who won the Defendant’s election at the chairperson’s election on November 29, 2017 and has been elected from January 1, 2018 to the president.
B. On March 5, 2018, 12, including C, who is a member of the Defendant, requested the Plaintiff, who is the chairperson of the Defendant, to convene an extraordinary meeting as an agenda item for the dismissal of the Plaintiff’s chairperson. However, the Plaintiff was not in compliance with the request, and C, as the president acting for the president, held an extraordinary meeting on April 2, 2018. On April 2, 2018, a resolution was made to dismiss the Plaintiff from the Defendant’s office at the extraordinary meeting on April 2, 2018 (hereinafter “instant resolution”).
C. As above, on April 2, 2018, the Defendant requested the B Apartment Election Commission (hereinafter “Election Commission”) on April 16, 2018, pursuant to Article 20 of the Apartment Management Rules, to hold the residents’ pros and cons voting on the removal of the chairperson.
On May 9, 2018, the Election Commission held a vote to dismiss the plaintiff from the defendant's office, 397 households, among 1,550 households, participated in the voting, and 352 households, decided to dismiss the plaintiff.
E. After the election commission announced a special election for the election of the president, but there was no candidate to be registered, and the Defendant notified the president to be elected by the council of occupants’ representatives. On June 8, 2018, the Defendant held a regular meeting and elected C as the president with the consent of a majority of the members.
F. The provisions of the B Apartment Management Rules concerning the Defendant’s election and dismissal of the chairman are as follows:
Article 20 (Dismissal, etc. of Representatives by Building) (3) In cases where the chairperson and the auditor of at least 500 households intend to maintain the qualification of the representative of each building for reasons for dismissal under paragraph (1) and only the officer's position is dismissed, the following procedures shall be followed: