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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Determination on the cause of the claim
A. The Plaintiff’s assertion (hereinafter “Plaintiff’s Representative”) has the same legal nature as the management body under the Act on the Ownership and Management of Aggregate Buildings, which was established by all sectional owners as a group composed of all sectional owners with respect to Adong (165 divided ownership and underground second floor and ground fourth floor; hereinafter “instant commercial building”).
Defendant B, assuming the position of the vice-chairperson and acting director of the Plaintiff’s representative meeting, entered into a temporary employment contract with Defendant C on January 30, 2015, and entered into a two-year employment contract on June 30, 2015, and Defendant C served as the head of the management office at the office of the instant shopping mall management body from February 1, 2015.
(F) After the election of E on June 14, 2008, F was elected at the executive meeting of December 14, 2010, and the special meeting of October 12, 2011, but all of the judgment of the court became null and void. Since December 2010, the administrator of the Plaintiff representative meeting of the Plaintiff from the Plaintiff representative to the date of the election of E on June 14, 2008.
However, Defendant B, referred to as the Vice-Chairperson of the Plaintiff’s Representative Meeting, exercised the authority to act on behalf of the Chairperson until October 2015, based on the provision of Article 8 of the Articles of Incorporation stating that “the Minister shall assist the Chairperson and take charge of the Chairperson’s Publication Meeting
However, Article 9 of the Articles of Incorporation provides that “Executive Officers shall be elected at a general meeting of shareholders.”
The defendant B cannot perform his duties as a vice-chairperson because he has not been elected as a vice-chairperson at an ordinary general meeting.
Plaintiff
The representative council has resolved and decided various problems arising from the management and operation of the commercial buildings of this case through the board of directors, and the appointment and dismissal of the director of the management office has also been determined through the board of directors.
However, Defendant B entered into a labor contract with Defendant C on a sole basis without going through a meeting of executives, 2015, 2, 2, and 2.
(b).