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(영문) 대구지방법원 2015.06.11 2014가합5238
회장해임결의 무효 확인
Text

1. The Plaintiff is the president of the Defendant, by means of a representative vote by the Defendant’s chairperson and each Dong, who held on September 25, 2014.

Reasons

1. Basic facts

A. The defendant is the representative of the Daegu Suwon-gu B apartment (hereinafter "the apartment of this case"), and the plaintiff is the representative of the apartment of this case, who was in the defendant's position since October 2013.

B. Article 20 of the Regulations on the Dismissal of Executive Officers under the Management Rules of the instant apartment (hereinafter “Management Rules”) (1) The grounds for dismissal of the representative of each building and executive officers under Article 50(7) of the Decree are as follows:

2. Where it violates this regulations and the regulations of the election commission;

7. Where fairness in bidding is undermined, such as providing a housing management operator, a construction service provider, or a service provider with confidential information about bidding to a business entity;

(2) When the representative of a building or the chairperson or auditor of a council of occupants' representatives elected pursuant to the main sentence of Article 50 (6) of the Decree falls under any subparagraph of paragraph (1), he/she may request the dismissal of the relevant constituency by a resolution with the consent of a majority of members of the council of occupants' representatives or the council of occupants' representatives elected pursuant to the main sentence of Article 50 (6) of the Decree and with the consent of a majority of members and make a resolution on the dismissal of the relevant constituency to the election commission. In such cases, the election commission shall proceed with the procedure for dismissal pursuant to subparagraphs 2 and 3 of Article 36.

(3) Where the representative of each building falls under any subparagraph of paragraph (1), a majority of occupants, etc. in the relevant constituency shall vote pursuant to Article 50 (7) 1 of the Decree, and dismiss him/her with the consent of the majority of occupants, etc. who have

In such cases, the dismissed representative of each Dong shall also lose the status of executive officers.

(4) The chairperson and the auditor elected under the main sentence of Article 50 (6) of the Decree.

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