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(영문) 서울고등법원 2019.05.03 2018나2055327
해임요청발의안 무효확인 등
Text

1. The plaintiff's claim that was changed in exchange in this court is dismissed.

2. The Plaintiff’s total costs of litigation.

Reasons

1. Basic facts

A. The defendant is the council of occupants' representatives comprised of representatives from each Dong of Gangnam-gu Seoul Metropolitan Government B apartment (total of 1,020 households, hereinafter "the apartment of this case").

The election to elect the second members of the defendant was held on September 8, 2016 and September 9, 2016, and five persons, including the plaintiff (Cdong, Ddong, Fdong, Gdong), H (Idong, Jdong, K (Ldong), M (Ndong andO Dong) were elected as the representative of each Dong. Among them, the plaintiff was elected as the chairperson of the defendant. P (Zdong) around November 2016 and X (AAdong) around February 2017 and AB (AC Dong) were elected as representatives of each Dong.

B. From October 4, 2016 to February 28, 2017, the outline of the 8th council of occupants’ representatives related to the instant case indicated the following table, each council of occupants’ representatives listed in the table 1 and 7, and the AE, who was the managing director of AD (hereinafter “AD”) who was the managing director of the instant apartment at the time of October 4, 2016, and on February 20, 2017, the AF, who was appointed to the head of the instant apartment management office, expressed the opinion that each of the quorum violated.

The council of occupants' representatives set forth below Nos. 8 was resolved by requesting the plaintiff to leave the AF before deliberation on the agenda of the meeting and leaving the AF.

[ table] On the date of the meeting, the number of members / 7 of the meeting minutes, / 10 on October 4, 2016, / 5 of the total number of the agenda items, / the amendment of the management rules on November 4, 2016, such as the election of auditors / 9 of the board of directors / 9 of the board of directors, / 10 on November 24, 2016, 3 of the former representative of each Dong / 7 of the three persons on November 24, 2016, 4 of the former representative of each Dong on December 5, 2016, 4 of the meeting minutes, such as re-revision of the management rules on the installation of facilities, etc. / 6 of the former representative of each Dong, 4 of the former representative of each Dong on December 10, 2016, / 8 of the representative on December 19, 2016, 2018.

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