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(영문) 수원지방법원 2018.04.20 2017가합13154

해임결의무효확인

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1. From March 25, 2017 to March 26, 2017, the Defendant passed a resolution to dismiss the representative of each Dong.

Reasons

1. Basic facts

A. On August 1, 2016, Plaintiff A was elected as the 101 Dong representative and the president of the council of occupants’ representatives, Plaintiff B was elected as the 104 Dong representative and the 104 Dong representative and the term of office of both the Dong representative and the chairman of the council of occupants’ representatives is two years.

B. D A written request for dismissal against the Plaintiff, stating the consent of at least 1/10 of the 101 occupants, including themselves, who are the first district of C Apartment, was submitted to the election commission on February 27, 2017, stating the consent of at least 104 Dong 104 and 1/10 of the 106 occupants, including themselves.

All the reasons for dismissal stated in the written request for dismissal are “violation of the prohibition of interference with business under Article 14 of the Management Rules, interference with business prior to the appointment of the president of the representative of occupants (illegal election), and other residents’ unity, and prejudice of accusation and dignity, etc.”

C. The C Apartment Election Commission (hereinafter “Election Commission”) publicly announced the result of the resolution made on February 27, 2017 on March 8, 2017.

The contents of the resolution on dismissal of the plaintiff A, B, and other representatives of the Dong F, and the reasons for dismissal requested by the electoral district residents are "the reason for dismissal is the "the prohibition of unjust interference with the duties of the head of the management office of the council of occupants' representatives prescribed in Article 65 (1) of the Multi-Family Housing Management Act, the prohibition of interference with the duties prescribed in Article 14 of the Management Rules,

Above 300 up to or out of 9.

3. It will afford an opportunity to vindicate for 14.5 days.

Election Commission announced the result of the decision made on March 14, 2017 on March 18, 2017.

This resolution passed the request for dismissal of the above three dong representatives, and residents' pro-con voting on March 25, 2017 to 26. The voting is carried out by means of a household visit voting on both days from March 25, 2017 to 26. The plaintiff was accompanied by the public notice of "through adviser", the supporting materials submitted by Gap.

E. The Election Commission publicly announced the result of the resolution made on March 22, 2017 on March 23, 2017, and the method of voting.