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(영문) 전주지방법원 2015.11.27 2015가합2460
입주자대표회의의결 무효확인
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The defendant is an association which is not a legal entity as the council of occupants' representatives consisting of representatives from each Dong of Ysan-gu B Apartment-gu, Jeonju-si (hereinafter "the apartment of this case"). The plaintiff is the representative of 103 Dong-dong, 5 Dong-dong, 103 Dong Dong-dong, 103 Dong-dong, hereinafter "representative

(2) Where the representatives or directors 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 of the written consent of 1/10 of the relevant constituency or the request for dismissal stating the grounds for dismissal with the consent of a majority of the composition rights at the council of occupants' representatives. (4) The election commission requested the progress of the procedure for dismissal pursuant to paragraph (2) shall provide the opportunity to submit explanatory materials to the representatives and directors of each Dong who are the parties to the procedure for dismissal, and the reasons for dismissal and explanatory materials are disclosed in advance to the relevant constituency and occupants, etc. ten days prior to the voting day.

shall be subject to such agreement.

(5) Dismissal under paragraph (2) shall be decided by a majority of the occupants in the relevant constituency, and with the consent of a majority of voters, within 30 days after receipt of a request for the proceedings of dismissal.

Provided, That where the dismissal voting is rejected or the dismissal voting is not completed within the period of the dismissal procedure, the suspension of duties under paragraph (3) shall be cancelled, and duties as the representative and director of each Dong shall be performed.

(6) The election commission shall dismiss the representatives of each building or the executives of the council of occupants' representatives, dismiss the chairperson and auditors of the council of occupants' representatives, and, where the voluntary withdrawal of the representatives of each building or executives, etc. under paragraph (10) is determined, allow occupants, etc. to know such fact.

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