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(영문) 수원지방법원 2017.09.01 2016가합3563
해임투표 무효 확인 등
Text

1. The plaintiff's lawsuit against the defendant B apartment election commission shall be dismissed;

2. Defendant B apartment.

Reasons

1. Basic facts

A. The party status 1) Defendant B apartment council of occupants' representatives (hereinafter referred to as the "Defendant's representative council")

) The B Apartment (hereinafter referred to as “the apartment of this case”) located in G in G in Young-si, Young-si.

The council of occupants' representatives consisting of representatives from each Dong, and the defendant B Apartment Election Commission (hereinafter referred to as the "Defendant Election Commission").

(2) On April 16, 2016, the Plaintiff is an institution established to carry out the election-related affairs of the instant apartment. (3) The Plaintiff is a person elected as the representative of B Apartment 8 (327 Dong, 329 Dong) by a special election.

B. On August 22, 2016, the 11st generation of the 8-election district occupants, among the 78-election districts, expressed their intention of resignation on August 22, 2016, the Plaintiff maintained his/her representative position in the Defendant election commission, even though all the representatives expressed their intention of resignation. At present, there is an increase in the confusion of resident residents, such as conducting a re-examination on the same issue, despite the consent of the majority of all resident in the investigation to find out the damage of law and volcanic as an urgent pending issue, even though the majority of all the residents agreed to do so. In addition, the Defendant election commission recommended the removal of the Plaintiff on the ground that the above issue was that it did not participate in the debate at the request of the residents, and without any effort to collect opinions from the residents. 2) The Defendant election commission announced the removal of the Plaintiff on September 28, 2016 pursuant to the above removal proposal by the residents of the 8-election district, and agreed to the dismissal of the Plaintiff’s voting for the Plaintiff on October 4, 8888.

Accordingly, on October 4, 2016, the Defendant Election Commission posted a public notice that the Plaintiff was dismissed from office as the representative of the B Apartment Zone 8.

(hereinafter referred to as “instant dismissal”). C.

On the other hand, the collective housing management rules of the apartment of this case do not exceed the management rules.

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