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(영문) 대전지방법원 2015.10.07 2015가합100574
해임결의 무효확인 등
Text

1. Of the instant lawsuit, the part of the Defendant’s claim for nullification of the dismissal resolution against the Plaintiff is dismissed.

2. The plaintiff.

Reasons

Basic Facts

The defendant is an organization representing the management body established for the purpose of carrying out business management of the building in this case, its site and attached facilities by making all sectional owners of the building in the Daejeon Seo-gu Daejeon apartment complex C (hereinafter referred to as the "the building in this case"), which is an aggregate building, as the representative of each building in this case.

The Plaintiff was elected as the representative of the non-(B) Dong (factory) election district in the Defendant’s election of the head of the Dong implemented on January 27, 2014 while he/she was a person who operates the company D as an executive of the Defendant, and was elected as the chairperson of the Defendant around February 2014.

On September 24, 2014, the Defendant’s director E, who decided to dismiss the Plaintiff, convened the Defendant’s extraordinary meeting (hereinafter “instant meeting”) on September 24, 2014, and the other Defendant’s members (F director, G director, E director, and H auditor) except the Plaintiff who attended the instant meeting, decided to dismiss the Plaintiff from office as the Defendant’s chairperson, dismiss the Plaintiff from office, deprive the Plaintiff of the Plaintiff’s representative, and act for the Defendant’s president as a temporary auditor until the new president is elected (hereinafter “instant dismissal resolution”).

On August 24, 2014, the Defendant notified the Plaintiff of the result of the instant meeting in writing.

The contents are as follows:

1. During the process of the principal’s audit on the appropriateness of the representative’s qualifications for each 2-year group, your company’s qualifications for the representatives for each 2-year group and the Plaintiff-related company confirmed the details of arrears for two consecutive months from January 2012 to March 2012, and from July 2012 to September 2012.

2. The above delinquency constitutes grounds for disqualification and grounds for disqualification of representatives by buildings under Article 23(1)8 of the Management Rules and the defendant on September 24, 2014.

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