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(영문) 대구지방법원 2016.02.18 2015가합3529
해임원인무효
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. B apartment in Daegu-gu, Daegu-gu, (hereinafter “instant apartment”) is an apartment with less than 500 households composed of five units, and the Defendant is an autonomous management organization composed of representatives from each Dong of the instant apartment.

The Plaintiff, who was in the position of the representative of each apartment building of this case, was performing the Defendant’s duties from June 25, 2015, and was dismissed on September 3, 2015.

B. On August 31, 2015, the Defendant posted a notice to the effect that the council of occupants’ representatives should be held on September 3, 2015 regarding “cases concerning the overall operation of apartments and other agenda items,” and on September 3, 2015, the Defendant held a council of occupants’ representatives (hereinafter “instant meeting”) among six representatives from each Dong on September 3, 2015, and made a resolution of re-election against the Plaintiff (hereinafter “instant resolution”) with the consent of all members, and dismissed the Plaintiff.

(5) The council of occupants' representatives shall elect the following officers, from among the representatives of each building, with the consent of a majority of its members (referring to the prescribed number of members by the management rules, but referring to the elected number if two-thirds or more of the members of the relevant council of occupants' representatives are elected; hereinafter the same shall apply):

(6) Notwithstanding paragraph (5), multi-family housing with at least 500 households shall be elected from among the representatives of each building through general, equal, direct or secret election, such as all of the following multi-family occupants:

Provided, That if there is no candidate or no person elected after the election, the chairperson and the auditor may be elected by other methods under paragraph (5), as prescribed by the management rules.

(7) Where any ground prescribed by the management rules exists, the representative of each building and the executives of the council of occupants' representatives shall be dismissed by the following methods:

3. The council of occupants' representatives elected under paragraph (5).

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