(영문) 수원지방법원 2020.04.29 2019가합22510

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(영문) 수원지방법원 2020.04.29 2019가합22510

해임결의 무효확인의소

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1. From January 8, 2019 to January 9, 2019, the Defendant’s dismissal voting against the Plaintiff is invalid.

2...

Reasons

1. Basic facts

A. Suwon-si, Suwon-si, the apartment house B (hereinafter “the apartment of this case”) is composed of a total of 863 households. The defendant is the council of occupants’ representatives comprised of representatives from each Dong in order to determine important matters concerning the management of the apartment of this case. The plaintiff was the representative of each Dong of this case.

B. At a meeting held on January 4, 2019, the Defendant’s election commission (hereinafter “instant election commission”) resolved to proceed with the procedure for the dismissal of the Plaintiff’s representative for two days from January 8, 2019 to September 9 of the same month.

C. From January 8, 2019 to September 9, 2019, the instant election commission conducted the dismissal voting for the Plaintiff (hereinafter “instant dismissal voting”) for the Cdong occupants of the instant apartment without preparing a separate polling station, and conducted it by means of door-to-door visit voting.

On January 10, 2019, the instant election commission announced that the Plaintiff was dismissed as the representative of the instant apartment C Dong as a result of the instant dismissal voting.

E. The main contents of the management rules of the apartment of this case are as follows.

Article 12 (Exercise of Voting Rights) (1) In principle, one voting right shall be granted to housing of one household, and the voting right shall be exercised by the householder registered in the list of occupants of the management office.

(2) In principle, occupants, etc. shall exercise their voting rights in writing or by electronic means.

Article 20 (Dismissal of Representatives, etc. by Building) (1) The grounds for dismissal of the representatives and executive officers of each building under Article 19 (1) 3 of the Enforcement Decree of the Multi-Family Housing Management Act shall be as follows:

Provided, That it shall be limited to an act performed during the term of office of the representative of the relevant Dong, and where the grounds for each subparagraph have occurred during the term of office, but a final judgment has been rendered during the term of office due to litigation,

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참조조문

-공동주택관리법 시행령 제19조 제1항 제3호

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