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(영문) 대전지방법원 2014.11.05 2014가합104319
동대표결의무효 확인의소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff was appointed and dismissed as the representative of each Dong-dong, Seo-gu, Daejeon (hereinafter “instant apartment”) and the Defendant is an organization composed of the representatives of each apartment building in this case.

B. On May 9, 2013, the Defendant held an extraordinary general meeting, and six of the 10 representatives for each Dong (the Plaintiff was present, but the Plaintiff was present at the meeting) attended to revise the management rules, and compared the existing management rules and the amended management rules (hereinafter “instant amended rules”) to the following table:

Article 20 [Dismissal, etc. of Representatives, etc. by Building] (1) The grounds for dismissal of the representatives and executive officers by building under Article 50 (4) 9 of the Decree shall be as follows:

1.-5. (Omission)

(2) When the representative of each building falls under the grounds for dismissal under paragraph (1), the occupants, etc. in the relevant constituency or the council of occupants' representatives may make a resolution with the consent of a majority of its members, and request that the election commission proceed with the procedures for dismissal by a resolution.

Article 20 [Dismissal of Representatives, etc. by Building] (1) The grounds for dismissal of the representatives and executive officers by building under Article 57 (1) 3 and 4 of the Decree shall be as follows:

1.-5. (At the same time as the current one)

6. When he demands or receives money and goods in connection with the selection of a housing management operator, construction service provider, or service provider;

7. When the fairness of a tender is damaged by providing a housing management operator, a construction work, or a service provider with bid information, etc. to the relevant business entity (the same as the current 7.-11.) 8.-12. (2) When the representative of a building falls under the grounds for dismissal under paragraph (1), he/she may make a written consent of at least 1/10 of occupants of the relevant constituency or by a resolution with the consent of at least 2/3 of all occupants of the relevant constituency,

In addition, paragraph 1 is related.

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