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(영문) 대구지방법원 포항지원 2018.06.21 2018가합10062
해임결의무효 확인 등
Text

1. Of the instant lawsuit, the Defendant’s dismissal resolution against the Plaintiff at a special meeting on December 24, 2017 is invalid.

Reasons

1. Basic facts

A. The Defendant is the council of occupants’ representatives comprised of representatives from each Dong in order to manage the apartment housing B (the household that moved into 80 households among all 99 households; hereinafter “instant apartment”) in the north-gu in the port of one, and the Plaintiff was elected as the Defendant’s president around October 2016 and performed its duties.

B. On December 14, 2017, the representative of the instant apartment building, who is a member of the Defendant, C (the Defendant’s director), D (the Defendant’s auditor), and E (the Defendant’s general secretary), requested the Plaintiff to convene an extraordinary meeting with “to dismiss the Plaintiff from office as the Defendant’s chairperson” as an agenda, by December 19, 2017, but the Plaintiff refused to comply with the request by raising an objection.

C. On December 24, 2017, C, D, and E held a special meeting to the effect that “the Plaintiff failed to comply with the request for an explanatory meeting required by occupants, was engaged in unfair trade with the construction company, and sought unfair private interest from the construction company,” and that “the Plaintiff is requested to dismiss the Plaintiff from the Defendant’s office.” On the same day, C, D, and E requested that the Plaintiff proceed with the procedure to dismiss the Plaintiff from the Defendant’s office at the election commission of the instant apartment by specifying the above three reasons.

On December 25, 2017, the instant apartment election commission publicly announced that “the Plaintiff’s dismissal proposal was resolved at a special meeting on December 24, 2017, and transferred it to the election commission. Accordingly, the Plaintiff failed to comply with the Plaintiff’s request for presentation on the requirements of occupants, made an unfair transaction with the construction company, and requested the Plaintiff to submit explanatory materials as to the details that the Plaintiff sought unfair private benefits from the construction company, and made a request from the construction company to December 28, 2017,” and posted explanatory materials submitted by the Plaintiff from December 30 to January 3, 2018, and from January 5, 2018 to January 6, 2018.”

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