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1. It is confirmed that the Defendant’s dismissal of the Plaintiffs on July 25, 2018 against the Plaintiffs is null and void.
2. The costs of the lawsuit are assessed against the defendant.
Reasons
1. Basic facts
A. The defendant is the council of occupants' representatives composed of representatives for each Dong in Gwangju Mine-gu C apartment (hereinafter "the apartment of this case"). The plaintiff A is the defendant's Ddong representative, the plaintiff B is the defendant's E-dong representative.
Article 20 (Dismissal, Disqualification, etc. of Representatives, etc. of Each Dong) (1) Grounds for dismissal of the representatives and executive officers of each Dong under Article 13 (4) of the Decree shall be as follows:
(2) When the representatives of each Dong fall under any of the subparagraphs of paragraph (1), they may request the progress of the procedure for dismissal to the election commission by a resolution with the consent of at least 1/10 of occupants' written consent or by the council of occupants' representatives with the consent of a majority of its members, and the election commission in receipt of such request
(4) An election commission in receipt of a request to proceed with the procedure for dismissal under paragraph (2) shall grant the representative of each building to which the relevant party to the procedure for dismissal voting shall submit explanatory materials for at least five days, and shall disclose the grounds for dismissal and explanatory materials to the occupants, etc. in the relevant constituency for at least
B. Of the instant management rules, the contents pertaining to the instant case are as follows.
C. On July 9, 2018, the 10 occupants of the instant apartment building against the Plaintiff, and the 11st occupants of the instant apartment E-dong against the Plaintiff Plaintiff B, on the ground that the Plaintiffs, “ despite the resolution that the 71% of the residents should postpone the construction of the outer wall cover, the Plaintiffs, without disregarding the residents’ intent, committed an act against the residents’ will by bringing KRW 460,000 into a specific patent and forcing the construction into a specific patent.”
On July 25, 2018, the instant apartment election commission held a dismissal vote by the representatives of each Dong against the Plaintiffs.