logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2019.05.29 2018나2051547
입주자대표회의회장 해임무효확인
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On February 11, 2017, the Plaintiff was elected as the C-dong representative for each Dong of the G-dong apartment (hereinafter “instant apartment”).

B. On March 4, 2017, the Plaintiff was elected as the president in the election of executive officers of the 5th council of occupants’ representatives at the instant apartment. The term of office was up to March 6, 2019.

C. On December 1, 2017, the Defendant decided to dismiss the Plaintiff from office on the ground that “the Plaintiff installed the instant app for vehicle control for manager in an individual mobile phone, supervised the occupants with CCTV in the management office, and engaged in unfair personnel intervention in the management office employees,” and requested a dismissal vote to the election commission on the same day.

From January 16, 2018 to January 17, 2018, the Election Commission held the Plaintiff’s dismissed voting by means of on-site voting and door-to-door voting, and the Plaintiff was dismissed by the said dismissed voting.

(hereinafter “instant dismissal”) e.

D On February 13, 2018, the chairperson of the council of occupants' representatives (hereinafter referred to as the "special election of this case") was elected by the chairperson of the council of occupants' representatives (hereinafter referred to as the "special election of this case"), and the term of office was until March 6, 2019.

F. D From March 6, 2019, the officer election of the council of occupants’ representatives (hereinafter “instant six-term election”) was elected as the president. The term of office is from March 7, 2019 to March 6, 2021.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 and 26 (including numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Judgment on the main defense of this case

A. The instant lawsuit seeking confirmation of invalidity of dismissal of the Plaintiff, who was the president of the fifth council of occupants’ representatives, is unlawful as a lawsuit seeking confirmation of past legal relations.

B. In the absence of special circumstances, a lawsuit seeking confirmation of the relevant legal doctrine is filed between the parties to the dispute.

arrow