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(영문) 대구고등법원 2015.09.08 2014나21862
입주자대표회장해임무효확인 청구 등
Text

1. The part of the judgment of the court of first instance against the council of occupants' representatives of the two complexes shall be revoked;

Defendant B 2.

Reasons

1. Basic facts

A. B apartment complex B (hereinafter “instant apartment complex”) consists of seven units, and the entire resident is 544 units, and 204 units among them are 80 households.

The plaintiff was elected as the Dong representative on October 23, 2012 as the resident resident of 204 apartment units in the instant case, and was elected as the chairperson of the defendant's representative council on October 31, 2012.

B. Around that time, there was a dispute over the damages and termination of the contract between Etech and the resident of Etech due to the construction of a storm and advertising board installed in the instant apartment in the instant apartment.

In the meantime, on December 22, 2012, 60 households among 544 households of the entire apartment of this case were demanded to dismiss the plaintiff from the chairman of the council of occupants' representatives and the Dong representative of 204 for the following reasons to the defendant's council of occupants' representatives.

【Grounds for Dismissal】

1. Dispatching notice of termination differently from the details of the resolution of the council of occupants' representatives with respect to advertising contracts with the Etech;

2. The name of the apartment of this case and the affairs related to the change of CI shall be carried out individually without consultation with residents.

3. Attending at an inappropriate meeting place where Etechs in dispute with the resident of the apartment of this case are arranged, and making a false statement about whether he/she attends the meeting at the seat of the council of occupants' representatives;

C. On December 24, 2012, Defendant F, as the auditor of the Defendant’s council of occupants’ representatives, publicly announced that “In order to discuss the removal of the Plaintiff, the Defendant F shall hold an extraordinary meeting of the Defendant’s council of occupants’ representatives (hereinafter “instant meeting”), and accordingly, the instant meeting was held at around 20:30 on that day. A resolution was adopted to the effect that four persons, such as Defendant F, I, G, and H, from among the seven representatives of the instant apartment complex, attend the meeting and the Plaintiff shall be dismissed from the chairman of the council of occupants’ representatives (hereinafter “instant dismissal resolution”).

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