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(영문) 대구고등법원 2019.02.01 2018나23910
회사에 관한 소송
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. The Plaintiff is an occupant of Hosan-si B apartment (hereinafter “instant apartment”) C.

The defendant is an autonomous deliberative body composed of 720 households to determine important matters concerning the management on behalf of the occupants, etc. of the apartment of this case.

B. On April 4, 2017, the Plaintiff was elected as the representative for each Dong in a special election for the representatives of the Dong-dong, “B” constituency of the instant apartment (hereinafter “instant representative election”).

On May 8, 2017, the plaintiff was elected as the chairperson in the special election of the chairperson of the council of occupants' representatives in this case.

C. On August 28, 2017, eight persons, including residents E, etc. in the constituency of “Ddong” apartment district of this case, requested the instant apartment election commission to dismiss the Plaintiff’s representative by Dong on the ground that “the Plaintiff was making an illegal election, such as making a prior election campaign during the process of the instant representative election.”

On September 14, 2017, the instant apartment election commission issued an explanation on the request for the dismissal of the representative of each Dong until September 17, 2017 to the Plaintiff.

On September 19, 2017, the Plaintiff submitted explanatory materials that the Plaintiff did not make an illegal election to the election commission.

E. From October 25, 2017 to 08:00 on October 25, 2017, the instant apartment election commission held a dismissal vote for the representative of each Dong against the Plaintiff.

57 of the 72 occupants, etc. in the Dong-dong "B" constituency participated in the voting, and 40 of the 57 members who cast voting were dismissed.

On October 26, 2017, the Election Commission announced that the Plaintiff was dismissed from the representative position of each Dong-dong, with the consent of the majority of occupants, etc. who cast voting, and that the status of the chairman of the council of occupants' representatives of the apartment of this case was lost pursuant to Article 20(2) of the Management Rules of the apartment of this case.

F. The instant apartment election commission is the president of the council of occupants’ representatives on December 19, 2017.

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