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(영문) 수원지방법원 2018.05.04 2017가합2215
해임무효확인
Text

1. The Defendant confirms that the dismissal of the representative of each Dong notified to the Plaintiff on August 10, 2017 is null and void.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. The Plaintiff is a person elected as the representative for each building, who is the second apartment district (1603 Dong, 1604 Dong, 1604 Dong) in Suwon-gu.

B. On July 13, 2017, the representative of the said apartment district 6 (1609 Dong) submitted a written request for dismissal of the Plaintiff to the said apartment election commission (hereinafter “election commission”).

In November 2016, the purport is that the Plaintiff posted his personal opinion on the bulletin board that did not pass a resolution as to the increase of the U.S. source salary at the representative meeting of lessees in November 2016, and posted his/her opinion to the name and photograph of the person opposing the proposal. On July 11, 2017, at the representative meeting of lessees, posted his/her opinion on the bulletin board that did not pass a resolution as to the relocation of bus stops, thereby violating Article 40(2) of the Management Rules and violates Article 14(5) of the Enforcement Decree of the Multi-Family Housing Management Act, which is the reason for dismissal of the representative of each building as prescribed by Article 20(1)1 of the Management Rules.

C. Upon the request for dismissal, the Election Commission publicly announced the result of the meeting on July 21, 2017, and the details thereof shall be conducted with respect to the Plaintiff, but the Plaintiff shall be conducted with the period of explanation given from July 22, 2017 to July 28, 2017 and with the materials supporting it publicly announced from July 29 to August 6, 2017 by means of visiting voting on August 9, 2017.

On July 22, 2017, the Election Commission sent an official document requesting the submission of such explanatory materials to the Plaintiff. D.

On July 28, 2017, the Plaintiff submitted a statement of “(3) Dong Dong Dong Dong 4’s request for dismissal” with the explanatory materials, which is the main content that D prevents the Plaintiff from criticism on the grounds of D’s real name and D’s request for dismissal, rather than proving the grounds for dismissal for itself.

(e).

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