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(영문) 대전지방법원 2015.04.29 2014가합7715
제명무효확인
Text

1. On November 20, 2012, the Defendant confirmed that the expulsion of the representative by Dong 208, the Plaintiff against the Plaintiff is null and void.

Reasons

Basic Facts

On November 20, 2012, the Plaintiff was the representative of B apartment (hereinafter “instant apartment”). On November 20, 2012, the Defendant made a resolution to remove the Plaintiff from the representative of each Dong (hereinafter “instant expulsion”).

On November 21, 2012, the defendant announced that the decision to dismiss the plaintiff was made.

From November 25, 2011 to November 27, 2011, the Defendant held a pro-con voting for the expulsion of this case (hereinafter “instant voting”) in the form of visiting voting, against the occupants, etc. of the instant apartment house 208.

On November 28, 2012, the Defendant announced that the Plaintiff was expelled from the representative of the Dong Dong Dong Dong Dong Dong Dong Dong Dong Dong Dong Dong Dong Dong, with the consent of 102 households with 67.1% of the 208 Dong 152 households.

Of the management rules of the apartment of this case and the election management regulations of the apartment of this case, the parts related to this case are as shown in the attached Form.

【In the absence of dispute, the Plaintiff’s written evidence Nos. 1 through 4, Eul’s evidence Nos. 9 and 10 (including each number of partial marks), the Plaintiff’s assertion of the purport of the entire pleadings, the Housing Act and Enforcement Decree of the same Act, and the old management rules of the apartment of this case (amended by the former management rules, Apr. 1, 2013; hereinafter “former management rules”) at the time of the instant expulsion, and there is no provision that the Defendant may decide to remove representatives from each Dong directly. Thus, the expulsion of this case is null and void.

The defendant's resolution of expulsion of this case is invalid because of the following important procedural defects.

At the time of the defendant, C, the chairperson of the council of occupants' representatives, did not enter the matters concerning the purpose of the meeting in the name of the Dong.

Even if the expulsion against the plaintiff is dismissed, with respect to the representative of each Dong falling under the grounds for dismissal under the former Management Rules, at least 1/10 of the relevant constituency or a majority of the members of the council of occupants' representatives.

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