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(영문) 서울중앙지방법원 2016.06.24 2015가합561118
입주자대표회장 해임결의무효확인
Text

1. The defendant's decision to dismiss the chairperson of the council of occupants' representatives on September 17, 2015 against the plaintiff is invalid.

2...

Reasons

1. Basic facts

A. The parties concerned are organizations composed of B apartment units composed of 34 Dong-dong 3,002 households located in Gangnam-gu, Seoul (hereinafter “instant apartment”), and the Plaintiff is elected as the chairperson of the Defendant around September 12, 2014.

B. 1) The E, the representative of each apartment building of this case, and eight others (E, etc.) (hereinafter “E, etc.”)

2) The Defendant’s request for dismissal of the Plaintiff from the Defendant’s Chairperson (hereinafter “instant request for dismissal”).

(2) On June 2015, the Plaintiff proposed a motion to dismiss the instant apartment management rules to the instant apartment management commission on the following grounds: (a) in the event that the instant motion for dismissal was proposed by the Chairperson; (b) the instant motion for dismissal was required with the consent of at least 1/10 of the occupants and users of the instant apartment; or (c) the consent of a majority of the Defendant members; (c) the Plaintiff demanded temporary council of occupants’ representatives (hereinafter “temporary council of occupants’ representatives”) to convene an “temporary council of occupants’ representatives” (hereinafter “temporary council of occupants’ representatives”); (d) on July 20:0, 2015, E, etc. did not comply with the request; (e) held an extraordinary meeting based on Article 23(1) of the instant apartment management rules (hereinafter “management rules”) but did not pass a resolution on the request for dismissal due to the failure of a majority of the representatives of each Dong.

3) E, etc. with the consent of 14 representatives from each Dong and 837 occupants, etc., and the election commission of the instant apartment. (hereinafter “election commission”).

(c) A request was made to the Plaintiff to proceed with the process of dismissing the Plaintiff. (1) The Chairperson of the Election Commission (hereinafter “Chairperson of the Election Management Commission”) around August 18, 2015, on the following grounds for dismissal (hereinafter “instant grounds for dismissal”) (hereinafter “instant grounds for dismissal”) shall be conducted from around 08:0 on September 8, 2015 to around 20:0 on September 10, 2015.

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