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1. On the basis of the Plaintiff’s new claim at the trial court, the Defendant’s dismissal decision against the Plaintiff on May 1, 2015.
Reasons
1. Basic facts
A. The Defendant is an association of non-corporate representatives consisting of representatives from each Dong-dong B Apartment (hereinafter “instant apartment”). The Plaintiff was appointed as the representative of 103 Dong 5 (8-14) Dong-dong apartment (hereinafter “103 Dong-dong representative”) and served for two years from November 30, 2014 to November 29, 2016, and was dismissed from office as the representative of each Dong-dong on May 1, 2015.
B. On April 3, 2015, the Defendant: (a) at a special meeting of the Defendant’s council of occupants; (b) around September 2012, the Plaintiff, who served as the president of the Defendant’s council of occupants’ representatives, referred to as “the management rules of the instant apartment in relation to the dismissal of employees,” the instant management rules
(C) A decision was made to request the Plaintiff to dismiss the representative of the instant apartment building from 103 units to the election commission of the instant apartment building on the ground that the Plaintiff violated Article 20(1)1, 2, and 3. Accordingly, the election commission of the instant apartment building publicly announced the grounds for dismissal submitted by the Defendant to the 103 unit occupants, etc. from April 6, 2015 to April 13, 2015, and thereafter, on May 103, 2015, the election commission of the instant apartment building was decided to dismiss the representative of the instant apartment building from 103 units with the consent of the majority of the voters by making a visiting vote on the removal of the representative of the said 103 unit units on May 1, 2015 (8-11 unit), and with the consent of the 103 unit representatives from 49 households, dissenting votes, 61, invalid voting tickets, one voting ticket). Meanwhile, one of the grounds for dismissal and dismissal under Article 27(1) of the instant apartment management rules as follows.
1. Where it violates the Acts and subordinate statutes related to housing and multi-family housing management;
2. Where it violates this regulations and the regulations of the election commission;
3. Management expenses, etc. other than the purpose.