동대표지위확인 청구의 소
1. Ascertainment that the Plaintiff is the representative of Dong Dong, B apartment 8, 114.
2. The costs of the lawsuit are assessed against the defendant.
1. Basic facts
A. The plaintiff is a resident of Yeongdeungpo-gu, Suwon-si B apartment (hereinafter referred to as the "the apartment of this case") and a person elected as the representative of the 8th class 114 Dong Dong Dong (hereinafter referred to as the "Dong representative"). The defendant is an autonomous organization composed of Dong representatives of the apartment of this case. The apartment election commission of this case (hereinafter referred to as the "election commission") is an institution under the defendant.
B. At the early May 2010 and the fifth period (the term of office from May 1, 2010 to April 30, 2012) of the Defendant were elected by both the president and the 105 Dong Representatives C, 114 Dong Representatives D.
However, around June 2010, there was a consent of the tenant's dismissal of the 5th representative including the above C and D.
On July 3, 2010, the election commission decided to dismiss four persons, such as C and D, and conducted a special election for the same representative only to the vacant Dong.
C. At that time, the election commission was prepared and delivered by the Plaintiff a letter to the effect that “where the same representative who was dismissed from office is dissatisfied with the decision of the election commission and takes legal measures, the special election becomes null and void and follow the direction of the election commission,” the election commission was elected as the representative.
From December 3, 2010 to December 3, 2010, the Plaintiff was in office as Dong 114.
On the other hand, on September 29, 2010, E, etc., who was the acting president of C, filed an application for provisional disposition of suspending the performance of duties with the Suwon District Court 2010Kahap305 on September 29, 2010, and the above court dismissed the application of E, etc. on December 14, 2010.
On December 19, 2010, C, Election Commission, and Management Director notified the Plaintiff that the Plaintiff’s election should be invalidated, and the Plaintiff’s representative activity was suspended.
After December 19, 2010, the plaintiff was unable to attend the council of occupants' representatives and did not perform his/her representative activities, and the term of office of the fifth representative expires.