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(영문) 대구고등법원 2019.08.28 2019나20710
해고무효확인
Text

1. The judgment of the first instance, including the claims added at the trial, shall be modified as follows:

In the lawsuit of this case.

Reasons

1. Basic facts

A. The status of the party is that the defendant is composed of representatives of Daegu-gun B Apartment (hereinafter “instant apartment”), and the plaintiff is the representative of the instant apartment E-dong, who was elected as the chairperson of the defendant by setting the term of office on March 16, 2017 as the representative of the instant apartment E-dong until February 16, 2019.

B. 1) The instant apartment H Dong and I Dong representative of the instant apartment H, and D, and J filed suspicions against the Plaintiff, with respect to the attraction of the F Library, upon obtaining written consent from 97 households exceeding 1/10 of the total number of 93 households of the instant apartment 93 households, requesting the Plaintiff to dismiss the Plaintiff. 2) The instant apartment Y election commission from March 9, 2018 to March 11, 2018 held the instant dismissed voting against the entire occupants of the instant apartment 146 households exceeding 1/10 of the total number of 93 households, and decided to dismiss the Plaintiff as a majority of the voters.

Accordingly, on March 12, 2018, the apartment election commission of this case confirmed that the dismissal voting of this case was passed, and publicly announced the result of the dismissal voting of this case on the same day.

C. After the instant dismissal voting, the Plaintiff did not perform the duties of the Chairperson after the instant dismissal voting. The Defendant, in sequence, elected J and Mdong’s representative C as the Chairperson’s acting director and had the Defendant perform the duties of the Chairperson. 2) On the other hand, the instant apartment election commission, on February 22, 2019, held a new election of the Chairperson, elected N as the Defendant Chairperson.

(Term of office up to February 16, 2020). [Ground of recognition] The facts without dispute, Gap evidence Nos. 1 through 12, Eul evidence Nos. 1, 2, 5 and 8 (including provisional number) and the purport of the whole pleadings.

2. The plaintiff's assertion

A. There is no ground to dismiss the Plaintiff.

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