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(영문) 서울중앙지방법원 2016.10.12 2016가합6328
동별대표자해임처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On November 11, 2014, the Plaintiff was elected as the representative of B apartment in Dongjak-gu Seoul Metropolitan Government (hereinafter “instant apartment”) 107, and became a member of the Defendant comprised of 12 representatives from January 1, 2015 to January 12, 2015.

B. On November 11, 2015, the Defendant passed a motion for dismissal of the Plaintiff at the temporary council of occupants’ representatives with 7 marks, 2 marks, and 2 marks, respectively.

(hereinafter referred to as the “instant resolution”). From November 30, 2015 to December 1, 2015, 107 apartment units 107, the instant apartment units were dismissed by 58 voters, who were 80 voters and were dismissed by 43 voters and 14 voters who were dismissed.

Article 20 (Dismissal, Disqualification, etc. of Representatives, etc. by Building) (1) The grounds for dismissal of the representatives and executive officers by building under Article 57 (1) 3 of the Decree shall be as follows:

1. Where it violates the Acts and subordinate statutes related to housing and multi-family housing management;

2. Where the representative and directors of a building violate this Act and the election commission fall under any ground for dismissal referred to in the subparagraphs of paragraph (1), they may request the election commission to proceed with the procedures for dismissal by a resolution on a request for dismissal with the consent of a majority of members at least 1/10 of the relevant constituency or the council of occupants' representatives.

(4) An election commission in receipt of a request to proceed with the procedure for dismissal pursuant to paragraph (2) shall provide the representatives and directors of each building to which the dismissed voting is a party with an opportunity to submit explanatory materials, and shall disclose the grounds for dismissal and explanatory materials in advance to the occupants, etc.

(5) The dismissal under paragraph (2) shall be decided by a majority of the occupants, etc. of the relevant constituency, and with the consent of the majority of voters, within 30 days.

Article 25 (Procedure for Convocation of Meetings) (1) The date, time, place, and agenda shall be placed at least five days before the meeting is held.

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