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(영문) 울산지방법원 2019.06.12 2018가합431
동대표 해임투표 무효확인 등
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff resided in B apartment in Ulsan-gu, Ulsan-gu, (hereinafter “instant apartment”) and was elected as the president of the council of occupants’ representatives of the 9th council, and was performing his duties as the president for his/her term from June 1, 2015 to May 31, 2017.

B. On May 8, 2017, the instant apartment house was elected by the 21st representative of the entire 25 units by holding the election of the representative of the 10th unit buildings. At the time, the Plaintiff was elected as the representative of the 25 unit buildings by Dong.

After that, the apartment election commission of this case conducted the 10th council of occupants' representatives and the audit procedure, and two persons including the plaintiff were registered as candidates for the chairperson of the council of occupants' representatives.

C. During the above period of election of the council of occupants' representatives and the auditor, the candidates raised a suspicion of corruption against the plaintiff, and the occupants received a written request for dismissal from the plaintiff to the election commission.

On May 17, 2017, the Plaintiff: (a) held a council of occupants’ representatives to present an agenda to dismiss all election management members on the grounds that “the election management commission failed to properly manage the poster, damage, spread of wills, etc.” (hereinafter “election management commission”), and on the same day, a resolution was made to dismiss all election management members at the council of occupants’ representatives.

As above, at the wind where all election management members are dismissed, the election of the chairman and auditor of the 10th council of occupants' representatives could not be delayed for a considerable period. Accordingly, E of the head of the 10th council of occupants' representatives, based on Article 37(2) of the Management Rules of the instant apartment on June 5, 2017, convened the council of occupants' representatives consisting of the representatives of the 10th buildings. On June 12, 2017, the above council of occupants' representatives held on June 12, 2017, where the F, among the representatives of each Dong, had been elected by G, H

E. The above directors.

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