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(영문) 대전지방법원천안지원 2015.10.23 2014가합3750
회장해임결의 무효확인
Text

1. The decision that the defendant dismissed the plaintiff from the chairperson of the defendant at the council of occupants' representatives on September 25, 2014 is null and void.

Reasons

1. Facts of recognition;

A. Under the Housing Act, the Defendant is an autonomous resolution body consisting of representatives from each Dong of B apartment in Seo-gu, Seo-gu, Seo-gu (hereinafter “instant apartment”). The Plaintiff is a resident of the instant apartment, who was elected as the president of the council of occupants’ representatives on November 27, 2013.

B. On September 23, 2014, the Defendant: (a) announced the meeting date and time to the meeting of the council of occupants on September 25, 2014; (b) the meeting place to the council of occupants’ representatives; and (c) the meeting agenda to the “five-year defect consultation; (b) CCTV installation works; and (c) made a resolution to dismiss the Plaintiff from office of the chairperson of the council of occupants’ representatives at the meeting of occupants’ representatives on September 25, 2014 (a resolution to dismiss the Plaintiff even by the representative of each Dong; hereinafter “instant resolution”).

According to the minutes that appear to have been prepared at the time, six same representatives (102 Dong D, 103 Dong E, 104 Dong F, 105 Dong G, 106 Dong H, 108 Dong I) were present on the day of the above meeting. In the voting for the above resolution, five persons participated and four of them were dismissed.

C. Article 25(1) of the Management Rules of the apartment of this case provides that when the Chairperson intends to call a meeting of the defendant, he shall notify in writing the representative of each Dong of the date, time, place, and agenda at least five days prior to the meeting, and shall disclose them on bulletin boards, Internet homepage, etc. However, in cases of urgency such as reconvening a meeting or safety accidents, the meeting may be shortened

According to Article 19 of the apartment management rules of this case, the term of office of the representative of each Dong is two years, the term of office of the representative of each Dong is the same as the term of office of the representative of the Dong, the chairperson of the council of occupants' representatives elected from among the representatives of each Dong

In addition, the clause of the same Article shall serve as the chairman for unavoidable reasons.

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