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1. The decision that the Defendant dismissed the Plaintiff from office in the council of lessees’ representatives on August 6, 2015 is null and void.
Reasons
1. Facts of recognition;
A. The Defendant is the council of lessees’ representatives comprised of representatives of B apartment in Gangnam-gu Seoul (hereinafter “instant apartment”), and the Plaintiff was elected as the representative of the instant apartment building 603 Dong Dong around January 1, 2013 (term of office from January 1, 2013 to December 31, 2014), and performed duties as the above 603 Dong representative and the auditor of the council of lessees’ representatives.
B. In the council of lessees held on August 6, 2015 (hereinafter “council of lessees’ representatives”), the Defendant dismissed the Plaintiff from office on the ground that: (a) the Plaintiff received attendance allowances without authority from the president of the council of lessees’ representatives; (b) received money from the KTX construction company; (c) divided all other persons except the Defendant himself/herself; and (d) deducted miscellaneous income from respective usage charges on February 2, 2014, December 2014, and January 2015, the Defendant did not deduct 603 Dong 1116, 1512, 607 Dong 910 and the Plaintiff himself/herself; and (c) the Plaintiff did not receive money from the KTX construction company and used 7 million won, and did not cause damage to the reputation of the council of lessees’ representatives (hereinafter “instant assertion”).
C. On August 8, 2015, the instant apartment election commission sent to the Plaintiff a written notification stating that “Inasmuch as the resolution was adopted by the council of lessees’ representatives on the instant proposal to dismiss the Plaintiff’s representative, the instant assertion shall be submitted by August 17, 2015, but if not, it shall be deemed to waive all rights.”
Article 16 (Election of Representatives by Building) (3) A person who falls under any of the following subparagraphs shall not become the representative of each building, and his/her qualification shall be disqualified.
9. Four years have not elapsed from the date of resignation or dismissal of the representative of each building of the relevant rental housing;