입주자대표회의 회장 지위 확인 등
1. Of the instant lawsuit, the part of the Defendant’s claim for confirmation of invalidation against a resolution that appointed C as the president on December 28, 2016.
1. Basic facts
A. The Defendant is the council of occupants’ representatives comprised of representatives from each Dong of the instant apartment located in Nam-gu, Busan. 2) The Plaintiff is a person elected as the representative of the third constituency (102 Dong 2 to 15 floors) from the election of representatives from the sixth Dong of the instant apartment building, which was in progress from November 3, 2015 to November 5, 2015.
On November 26, 2015, the Plaintiff was elected as the largest vote (678 electors, 189 voters, and 89 voters) by going through the election of the chairman of the council of occupants' representatives. The Plaintiff was a person who was scheduled to serve as the chairman of the council of occupants' representatives during the sixth-year period from December 1, 2015 to November 30, 2017.
B. On October 31, 2016, the Defendant passed a resolution to request the dismissal of the Plaintiff and to take the procedure for the dismissal of the Plaintiff’s president and the representative of each Dong for the following reasons at a regular meeting (hereinafter “instant resolution of dismissal request”).
On November 1, 2016, the election commission of the instant apartment was requested to proceed with the procedure of dismissal.
Minutes of the council of occupants' representatives on October 31, 2016 - Contents and results of discussion.
7. Other discussions: Violation of Article 20(1), (2), (6), and (7) of the Management Rules which shall not be removed by the Chairman (including representatives of each Dong);
9. 30. 30. Details of the resolution of the Residents' Assembly (referring to) On September 30, 2016, the problems are likely to arise as follows: (a) the results of the Resident's Assembly are known and the representative are operated in a prudent manner without holding the meeting.
- The fact that 46 management personnel are replaced after the appointment of the president of the 6th council of occupants' representatives is not a common sense.
(A) On November 7, 2016, the apartment election commission of this case held a committee and passed a resolution on the dismissal of the chairperson (including dismissal of the representative of each Dong) at the meeting of five members on November 7, 2016, when the employees of the management office, did not timely make monthly pay to the employees of the management office (the confirmation of August 26, 2016 - the card settlement delay, the card crossing spread, etc.) and other matters.