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(영문) 수원지방법원평택지원 2020.10.22 2020가합10772
해임결의 무효확인 등
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Defendant is the council of occupants' representatives comprised of representatives from each apartment of the instant apartment in Pyeongtaek-siJ.

B. In the election of the representative of the first apartment building of this case (the term of office: from November 7, 2019 to November 6, 2021), the Plaintiffs were elected respectively, and the Plaintiff A concurrently held the position of the Defendant’s representative, the Plaintiff B, and F, the Defendant’s auditor, the Plaintiff D’s general director, and the Plaintiff E, the Defendant’s community revitalization director.

C. On February 15, 2020, the instant apartment election commission publicly announced that “from March 6, 2020 to March 8, 2020, voting to dismiss the Plaintiffs is to run.”

Accordingly, on February 18, 2020, upon filing an application for provisional disposition with this court on March 4, 2020, the plaintiffs suspended the special election procedure in accordance with the election procedure and the dismissed voting procedure on March 4, 2020, and temporarily determine that the plaintiffs A, B, F, D, and E are the representatives of the buildings of this case, and that the plaintiffs C, G, and H are the representatives of the buildings of this case, respectively.

“The provisional disposition was rendered.”

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 4, the purport of the whole pleadings

2. Since there is no ground to dismiss the Plaintiffs’ assertion, the instant dismissal resolution sought confirmation of invalidity.

In addition, the plaintiff A, B, F, D, and E are the representatives of the apartment buildings of this case and their executive positions, respectively, and the plaintiff C, G, and H are the representatives of the apartment buildings of this case.

3. Whether the lawsuit of this case is legitimate

A. In order to file an action to nullify the absence of a resolution of a general assembly or the absence of a resolution of a general assembly, there is a group of internal decision-making such as a resolution of the general assembly, but there is a serious defect to the extent that the resolution of the general assembly cannot be deemed to exist in the convocation procedure or the method of resolution for that decision.

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