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(영문) 대구지방법원서부지원 2014.07.10 2014가합1400
입주자대표회장해임무효확인 청구 등
Text

1. Defendant C and D each amounting to KRW 300,000 for each of the Plaintiff and 5% per annum from April 14, 2014 to July 10, 2014.

Reasons

1. Basic facts

A. On October 23, 2012, the Plaintiff (hereinafter “instant apartment”) was elected as the 204 Dong representative and was elected as the Defendant’s council president 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.

On December 22, 2012, the Plaintiff demanded the chairman of the council of occupants' representatives and the same representative of the 204 Dong, on the ground that “the Plaintiff sent notice of termination differently from the contents of the resolution of the council of occupants’ representatives regarding the advertisement contract with Etech, the name of the apartment of this case and the changes related to the name of CI are carried out autonomously without consultation among residents, the Etech in dispute was improperly present at the opening of the meeting where Etech is arranged, and the Plaintiff made a false statement as to whether he/she was present at the seat of the council of occupants’ representatives.”

C. On December 24, 2012, Defendant F, the auditor of the Defendant’s representative council, announced a special meeting (hereinafter “instant meeting”) to discuss a proposal for dismissal of the Plaintiff on December 24, 2012, and accordingly, the meeting of this case held was held by Defendant F, I, G, and H 4 from among the total seven Dong representatives, and passed a resolution to dismiss the Plaintiff by the chairman of the council of occupants’ representatives (hereinafter “instant resolution for dismissal”), and the instant apartment election commission (hereinafter “the instant apartment election commission”) decided to require the Plaintiff to vote to dismiss the Plaintiff from office by the chairman of the council of occupants’ representatives and the same representative.

Therefore, the election commission shall proceed with the dismissal voting procedure for the plaintiff, and the notice of the voting schedule and reasons for dismissal shall be given from December 26, 2012 to January 3, 2013.

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