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(영문) 광주고등법원 2018.04.13 2017나13808
해임결의무효 확인의 소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Facts of recognition and related statutes;

A. The parties concerned are autonomous deliberative bodies organized pursuant to Article 14 of the Multi-Family Housing Management Act to determine important matters concerning the management on behalf of the occupants, etc. of Gwangju Northern-gu B apartment (total 1,160 households; hereinafter “instant apartment”). The Plaintiff is the 406 representative of the instant apartment on October 18, 2016, and each of the Defendant’s chairpersons elected as the chairperson on December 25, 201 and the term of office is from December 1, 2016 to November 30, 2018.

B. On January 4, 2017, a resolution, etc. on dismissal of the Plaintiff (1), and three others, the representative of each building of the instant apartment complex, were proposed to the Defendant on the following grounds: “(i) a violation of housing-related statutes and management rules; (ii) a violation of a housing-related statute and management rules; (iii) a disturbance of meeting by personal appraisal; (iv) an act of significant impairing dignity; and (iv) a president’s exclusive act and abuse of authority; and (v) the Defendant decided on January 18, 2017 to request a resolution to dismiss the Plaintiff by the president and the representative of each building, with the consent of nine representatives of each building; and (v) the instant apartment election commission (hereinafter “election commission”) of the instant apartment complex (hereinafter “election commission”).

(2) On January 24, 2017, the election commission recommended the Plaintiff to submit explanatory materials upon the above request, and announced the president and the non-Confidence proposal as follows.

Public Notice of Resolution of No-Confidence

(a) Persons subject to dismissal: Plaintiff;

(b) Positions to be dismissed: Chairman and 406 Dong delegates; and

C. Grounds for dismissal: (a) the Plaintiff did not submit explanatory materials to the election commission; (b) on January 31, 2017, the election commission prepared a written public notice of the dismissal proposal for the president and the representative, stating the following matters; (c) around 18:40 of the date following the Plaintiff, the Plaintiff submitted a written vindication to the party on duty at the managing office of the apartment of this case; and (d) accordingly, the Plaintiff submitted a written vindication to the party on duty at the managing office of this case.

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