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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On May 2016, the Plaintiff was elected as Defendant Chairperson (the term of office from May 1, 2016 to April 30, 2018) on or around May 1, 2016 as a person who resided in B apartment (hereinafter “instant apartment”) in Seoul Special Metropolitan City, Nowon-gu, Seoul. Around December 2016, C, D, and E were elected as representatives from a special election for each Dong due to the vacancy in the representatives of the instant apartment building; C, D, and E have performed the Defendant’s overall duties; (b) C, D, and E (hereinafter “C, etc.”) held a council of occupants’ representatives to discuss the status of Defendant executives on May 26, 2017; and on the 31st of the same month, the Plaintiff held a council of occupants’ representatives to dismiss the Plaintiff as Defendant Chairperson, and finally held a council of occupants’ representatives to hear the Plaintiff’s dismissal from office until June 7, 2017 to make a resolution to dismiss the Plaintiff.”
After that, C, etc. held a council of occupants' representatives on June 7, 2017. ① The Plaintiff’s request the former head of the management office F of the entrusted management company to dismiss the former head of the management company as security, or the Plaintiff’s notification of dismissal of the current head of the management office constitutes “when it violates the laws and regulations related to multi-family housing management” under Article 22(1)1 of the Management Rules for Apartment Buildings (hereinafter “Management Rules”) due to unfair interference in personnel management, and ② by changing the usage of public facilities without a resolution of the council of occupants’ representatives, it violated Article 35(1) of the Enforcement Decree of the Multi-Family Housing Management Act by providing for the alteration of the purpose of use of the apartment facilities in question to neighboring rebuilding owners without compensation. ③ The Plaintiff’s dismissal resolution was passed (hereinafter “instant dismissal resolution”).
C. On June 14, 2017, the Plaintiff did not have any grounds for dismissal of the Plaintiff, and did not resolve to dismiss the Plaintiff.