해임처분취소
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The defendant is a council of occupants' representatives comprised of 14 representatives from each Dong-gu, Seongbuk-gu, Sungnam-si (14 Dong-dong 710 households, hereinafter "the apartment of this case"). The plaintiff is elected as the representative of the 114 unit apartment of this case and the chairperson of the defendant, who performed his duties from January 1, 2015.
B. On October 5, 2015, the Defendant passed a resolution to dismiss the Plaintiff on the dismissal of the Plaintiff on the part of the Defendant’s Chairperson with 14 members, 12 members present, 10 affirmative votes, 10 dissenting votes, 10 dissenting votes, and 1 dissenting votes, and the Election Commission (hereinafter “National Election Commission”) (hereinafter “National Election Commission”).
(2) On October 14, 2015, the first instance court notified the Plaintiff of the submission of explanatory materials, and announced on October 21, 2015 that the Plaintiff shall vote for and against the Plaintiff’s dismissal from office from October 21, 2015 to October 18:00, and attached the reasons for dismissal submitted by the Defendant and the supporting materials submitted by the Plaintiff to the public inside the bulletin board, apartment, and elevator.
3) Of the 710 apartment occupants of the instant apartment, 261 households participated in the voting, and 226 households (86.5%) agreed on the resolution to dismiss the Plaintiff. 4) On October 22, 2015, the first election management officer publicly announced that the Plaintiff was dismissed in the position of the president of the Defendant (hereinafter referred to as the “instant dismissal resolution”).
C. After the appointment of the new president, C was elected as the Defendant’s new president according to lawful procedures.
The representative of each building constituting the council of occupants' representatives under Article 17 of the Management Rules shall be elected by one person for each of the following constituency in proportion to the number of households for each building pursuant to Article 50 (1) of the Decree, but the total number of 14 persons shall be established, and shall be as follows:
1. One person for each building: 101, 102, 103, 103;