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(영문) 의정부지방법원 2019.01.23 2017가합57325
해임결의 무효확인 청구의 소
Text

1. All of the instant lawsuits are dismissed.

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

Reasons

1. Basic facts

A. The status of the party is 1) The B apartment in the Namyang-si, Namyang-si, B (hereinafter “instant apartment”).

(2) The Plaintiff is the representative of the instant apartment building D, who is the representative of each Dong, and is elected as the chairperson of the Defendant’s fourth-time chairperson, with the term of office on July 10, 2016 up to June 21, 2018.

B. On July 3, 2017, the Defendant’s representative E (Fdong), G (Hdong), G (Jdong), K (Ldong), and M (N (N) demanded the Defendant’s Plaintiff, the Defendant’s president, to convene a special meeting on July 7, 2017, on the grounds that the Plaintiff’s dismissal was an agenda item. (2) The Plaintiff did not comply with the said demand to convene the special meeting on July 21, 2017; (3) on July 21, 2017, the only director of the Defendant at the time, who was the Defendant’s only director, delegated M (M), among the representatives of each Dong, the “all matters concerning the removal of executive officers” was delegated, and the said M announced a special meeting on July 22, 2017.

On July 25, 2017, at the defendant extraordinary meeting convened on July 25, 2017, 10 of the representatives of each Dong present at the meeting and the 12 persons on the register of each Dong present at the meeting and present at the meeting to request the appointment procedure for the plaintiff to the election commission of this case (hereinafter referred to as the "resolution of this case").

3) On August 20, 2017, the instant apartment election commission held a pro-con voting on whether to dismiss the Plaintiff’s president against the entire occupants, etc. of the instant apartment. Of 1,100 total occupants, 238, more than 1/10 of the total occupants, etc., 1/100, 220 votes (Dissenting 17 votes, invalid 1 votes) were decided to dismiss the Plaintiff (hereinafter the foregoing dismissal ballot) with an affirmative vote corresponding to a majority of the voters.

C. After the dismissal of the Plaintiff, the instant apartment election commission constituted a special election of the chairman of the council of occupants’ representatives on September 24, 2017, and theF consent.

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