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(영문) 인천지방법원 2016.10.06 2015가합57887
해임선거무효확인
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The defendant is the council of occupants' representatives of Yeonsu-gu Incheon Metropolitan City B Apartment (hereinafter "the apartment of this case"), and the plaintiff is the person who had been the chairperson of the defendant from March 2015 to March 12.

B. 1) On September 10, 2015, the number of 144 members, including C, who are occupants of the instant apartment, are as follows (hereinafter “instant dismissal ground”) to the instant apartment election commission (hereinafter “instant dismissal ground”).

Then, it was requested to proceed with the procedure to dismiss the plaintiff from the defendant's office.

1. The Plaintiff should not unfairly interfere with the election commission’s business affairs. However, despite the absence of defects such as unfair business conduct in the election commission’s duties, the Plaintiff unfairly interfered with the election commission’s business by doing so by doing so. Article 14(3) of the management rules

2. The Plaintiff shall deliberate and resolve only on the agenda publicly announced five (5) days prior to the opening of the meeting, but the Plaintiff’s violation of Articles 25(1) and 28(4) of the Management Rules, disregarding the opinions of the representatives opposing “the termination of the entrusted management entity” that was not publicly announced in advance at the time of the council of occupants’ representatives at the 12th sixth (8/10).

3. Even though the council of occupants' representatives, which is a statutory organization, has a strong existence, the plaintiff is aware of the members of the council of occupants' representatives, is responsible to the representatives, and is rejected at the council of representatives, it is against the council of occupants' representatives, and it does not make efforts to ensure the normal operation of the council of the representatives, and it is rejected at the council of the representatives' representatives' representatives' meeting to delegate the right of delegation to all the occupants so that they can deal with the matter in the manner of their mind, without the resolution of the council of representatives' representatives, and posting a notice without the resolution of the council of occupants' representatives.

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