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(영문) 울산지방법원 2016.10.26 2015가합22393

해임무효확인 청구의소

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1. On July 1, 2015, the B Apartment Election Commission dismissed the Defendant’s chairperson and the representative of each Dong against the Plaintiff.

Reasons

The relevant parties are the council of occupants' representatives (hereinafter referred to as the "Defendant's council for occupants' representatives") composed of representatives, etc. from each building of Ulsan-gu B Apartment (hereinafter referred to as the "instant apartment"), and the plaintiff was elected as the chairperson of the defendant's council for occupants' representatives on April 9, 2014, as the occupant interest of 108 Dong-dong and 108 Dong-dong representative of the instant apartment.

In the absence of dispute, A No. 1. The head of the management office of the instant apartment on June 22, 2015 (hereinafter “instant election commission”) requested the Plaintiff to proceed with the procedure for dismissal of the Plaintiff on the grounds that “the Plaintiff was appointed as the entrusted management company of the instant apartment from April 6, 2015 to May 31, 2015 by taking advantage of his/her position as the president of the council of occupants’ representatives; and that “the Plaintiff was paid wages even if he/she did not actually work.”

No. 13-1 and No. 9-1 of the Evidence No. 13-1 of the apartment of this case. The election commission of this case determined the procedural matters related to the dismissal voting on June 26, 2015, and sent the “written reason for dismissal” to the plaintiff on the same day by content-certified mail. The above reason for dismissal is that the notice of dismissal to the plaintiff and the notice of dismissal is deemed to fall under Article 20(1)1, 3, and 4 of the Management Rules of the apartment of this case (hereinafter “the Management Rules of this case”) and it is anticipated to proceed with the dismissal voting of the plaintiff from June 29, 2015 to June 00 of the Management Rules of the apartment of this case. Thus, if there is an objection, the purport is that the delivery of a written explanation by June 18, 201.

On June 27, 2015, the Plaintiff received a written reason for dismissal.

On the other hand, the former and present representatives of the apartment of this case violate the management rules, etc. of this case and operated the defendant's council of occupants' representatives in a positive and abnormal manner.