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(영문) 대전지방법원 2017.09.20 2016가합2639
해임무효확인
Text

1. The defendant's dismissal of the representative of the Dong 102 Dong on May 27, 2016 against the plaintiff is invalid.

2...

Reasons

1. Basic facts

A. The Defendant is the council of occupants’ representatives consisting of representatives from Daejeon Seo-gu B apartment (hereinafter referred to as the “instant apartment”). On September 11, 2015, the Plaintiff was elected as the representative from each Dong on September 11, 2015, and the term of office from October 1, 2015 to September 30, 2017.

B. On May 9, 2016, the Defendant passed a resolution to dismiss the Plaintiff from the representative of each Dong with the consent of all nine (9) members, among nine (11) members, and requested the instant apartment commission to proceed with the dismissal procedure against the Plaintiff on May 11, 2016.

C. On May 18, 2016, the instant apartment election commission publicly announced the dismissal voting for the Plaintiff.

On May 24, 2016, throughout the 25th day of the same month, the pros and cons voting was held on the dismissal of the Plaintiff in the form of visiting voting (hereinafter “instant dismissed voting”). Of the total number of 89 households, 72 households participated in the voting for 40 marks, 28 marks, and 4 marks, and the result of the voting for 79 households was aggregated. On May 27, 2016, the instant apartment election commission announced that the dismissal of the representative of each building was decided (hereinafter “instant dismissal”).

E. Relevant statutes, the management rules of apartments of this case, and the regulations of the apartment election commission of this case are as stated in the annexed regulations.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, 10 evidence, Eul evidence 2 through 5, 13, 15 through 19, and the purport of the whole pleadings

2. The parties' assertion;

A. The dismissal voting of the Plaintiff’s assertion is invalid because there are the following procedural defects.

2. On May 9, 2016, the Defendant did not provide the Plaintiff with an opportunity to attend and make a statement in the process of a resolution to dismiss the Plaintiff, and 3. The instant apartment election commission is against the Plaintiff.

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