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(영문) 의정부지방법원 2016.06.08 2015가합2772
해임무효확인
Text

1. The decision to dismiss the Plaintiff’s representative on February 2, 2015 by the Defendant’s 11 constituency (15 Dong, 117 Dong) is invalid.

Reasons

1. Basic facts

A. Status 1 of the parties concerned) The Plaintiff is Namyang-si B apartment (hereinafter “instant apartment”).

(2) The Defendant is a council of occupants’ representatives consisting of representatives by constituency of the instant apartment, and the instant apartment election commission (hereinafter “election commission”) is an organization established to carry out the election-related affairs of the instant apartment.

B. On December 17, 2014, the instant apartment is subject to dismissal voting for the Plaintiff (hereinafter “the procedure for the selection of a childcare center”) to select the operator of the instant apartment on December 17, 2014.

(2) On January 15, 2015, the Defendant held the first extraordinary session of the council of occupants' representatives, which was presented as an agenda to the council of occupants' representatives, on the following grounds: (a) as a result, C was selected as an operator of a child care center; (b) however, there was suspicion that D was seeking to reverse the result of the selection process of a child care center; and (c) the Defendant held the first extraordinary session of the council of occupants' representatives,

3) In the above special meeting, the Defendant made a resolution on December 17, 2014 that “the Plaintiff unduly involved in the procedure for selecting a child care center on the ground that the act violated Articles 20 and 33 of the Management Rules of the instant apartment, so it is reasonable to dismiss the Plaintiff, and the election commission notified thereof to decide to proceed with the subsequent procedure.” On January 19, 2015, the Defendant requested that the election commission submit explanatory materials as to the grounds for dismissal to the Plaintiff on January 20, 2015, and the Plaintiff submitted such explanatory materials to the election commission on the 27th of the same month.

5) On January 28, 2015, an election commission issued a public notice of dismissal voting guidance with the following contents, and on the same day, the grounds for dismissal of the Plaintiff and the materials submitted by the Plaintiff were also published. The 11 constituency (15 Dong, 115 Dong, 117 Dong Dong) is the representative.

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