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(영문) 춘천지방법원원주지원 2014.12.11 2014가합5803
입주자대표회의 결의무효 확인
Text

1. Of the Defendant’s resolution of the council of occupants’ representatives on July 15, 2014, the dismissal of the Plaintiff and the election of the new president are respectively adopted.

Reasons

1. Basic facts

A. The Defendant is the council of occupants’ representatives consisting of the representatives of the B apartment occupants in the original city, and the Plaintiff was elected as the chairperson of the Defendant by a resolution of the council of occupants’ representatives on March 27, 2014.

B. On July 9, 2014, the Defendant posted a notice to hold a council of occupants’ representatives as of July 15, 2014 regarding the selection of stairs chain companies, the removal of outer walls, the selection of painting companies, and other matters on the agenda, and held a council of occupants’ representatives on July 15, 2014 (hereinafter “instant council of occupants’ representatives”) and completed a resolution on the agenda posted on the said notice.

However, following the closure of the council of occupants' representatives of the above agenda items, the council of occupants' representatives of the above apartment building 6 Dong C read the document stating that the plaintiff should be dismissed from the chairperson, and the resolution was made to the effect that "the plaintiff shall be dismissed from the chairperson as chairperson and the plaintiff shall be elected as new chairperson" without hearing the plaintiff's name with the consent of the remaining representatives of the Dong except the plaintiff (hereinafter "resolution of this case").

C. After that, the Defendant posted a notice of the resolution of the council of occupants' representatives on July 15, 2014, and the Plaintiff voluntarily resigned from the Defendant's office.

The relevant provisions of this case among the Defendant’s management rules (hereinafter “instant management rules”) shall be as follows:

(4) When an executive of the council of occupants' representatives falls under reasons for dismissal under paragraph (1), his/her position may be removed with the consent of a majority of the members of the council of occupants' representatives.

Article 25 (Procedure for Convocation of Meetings) (1) The Chairperson shall notify in writing the representative of each Dong of the date, time, place, and agenda at least five days prior to the meeting, and the managing body shall disclose it on the bulletin board, the website of multi-family housing, etc.

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