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(영문) 의정부지방법원 2020.09.09 2020가합770
동별대표자 해임의결 무효확인
Text

1. On January 9, 2020, by the vote of the representative by Dong C-dong, which was conducted against the plaintiff at the B-house in Yangju-si.

Reasons

1. Basic facts

A. The defendant is a self-resolution body that consists of representatives of the B Apartment in Yangju-si (hereinafter “instant apartment”), and the term of office of the plaintiff elected on April 20, 201 as the representative of the instant apartment C Dong on April 20, 2019 is until December 31, 2020.

B. The process of dismissing the representative of each Dong against the plaintiff is 1) The election commission of the apartment of this case (hereinafter “election commission”).

On November 13, 2019, the Defendant requested the Defendant to submit the Plaintiff’s dismissal to the agenda of the council of occupants’ representatives held on December 2019, on the ground that “the Plaintiff violated the management rules, such as interfering with the duties of the election commission, in the process of hearing the opinions of the occupants related to the housing management operator renewal contract.” (2) The Defendant, on December 11, 2019, announced the meeting of the council of occupants’ representatives held on December 11, 2019, “the opening of the council of occupants’ representatives held on December 7, 2019,” including “the case of discussion on the dismissal of the representative of the council of occupants’ representatives for each Dong,” which was held on December 17, 2019, submitted a dismissal proposal for the Plaintiff to the council of occupants’ representatives held on December 17, 2019, and then requested the election commission to proceed with the procedure of dismissal of the representative of each Dong pursuant to the

Specific grounds for dismissal stated in the above written dismissal and the resolution made on December 17, 2019 by the defendant are as follows:

The reason for dismissal is that the plaintiff officially made a resolution by the council of occupants' representatives, and the contents of the resolution by the council of occupants' representatives are different from the plaintiff's idea and the contents of the resolution by the council of occupants' representatives, and thus, it interferes with the election commission's affairs in violation of Article 14 (2) of the management rules, such as forcing each household to visit each household to give consent in attached Form 10, causing disturbance to the occupants, and destroying the order of multi-family housing.

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