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(영문) 울산지방법원 2019.12.12 2018가합26587

해고무효확인

Text

1. The dismissal of Defendant C Co., Ltd against the Plaintiff on June 28, 2018 confirms that the dismissal on June 28, 2018 is invalid.

2. Defendant.

Reasons

1. Basic facts

A. The Defendant’s council of occupants’ representatives is a non-corporate body that consists of representatives from each Dong in order to manage and operate B apartment units with ten units, 652 units on the ground of Ulsan-gu D (hereinafter “instant apartment units”), and the Defendant Company is a corporation established for the purpose of managing apartment units.

B. On July 7, 2017, the Defendant’s council of occupants’ representatives entered into an entrustment contract with the Defendant Company to maintain, repair, and manage common areas of the instant apartment as the managing body under the Multi-Family Housing Management Act, and the Defendant Company’s council of occupants’ representatives entered into an entrustment contract with the Defendant Company to pay KRW 429,468 per month as an entrusted management fee.

C. As between the Plaintiff and the head of the management office on February 28, 2018, the Plaintiff served as the head of the management office in the instant apartment from December 15, 2017, and entered into a labor contract with pay of KRW 3.4 million per month (from February 2018, to February 3, 535,000 per month), and the Plaintiff served as the head of the management office of the instant apartment from December 15, 2017, following the Defendant’s assignment of the Plaintiff as the head of the management office of the instant apartment in accordance with the entrustment contract.

Around June 2018, the defendant's council of occupants' representatives requested the plaintiff to affix a seal as the head of the management office of the above contract when it intends to enter into a cost service contract for the apartment of this case under a free contract, but the plaintiff refused to enter into a cost service contract through open bidding. Accordingly, the defendant's council requested the defendant company to replace the plaintiff at the head of the management office of the apartment of this case on June 28, 2018, the defendant company dealt with the plaintiff at that time, and the plaintiff did not work from June 29, 2018.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5, 10 (including each number; hereinafter the same shall apply), Eul evidence Nos. 1, 2 and 8, and the purport of the whole pleadings.