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(영문) 수원지방법원 2015.12.11 2015가합64509
동대표해임무효확인
Text

1. On April 17, 2015, the Defendant confirmed that a resolution dismissing the Plaintiff from the same representative of B apartment 116 units is null and void.

2...

Reasons

1. Basic facts

A. The Plaintiff is the occupant who resides in the Young-gu, Suwon-si B apartment (19 Dong, 119 Dong to 119 Dong, 1,380 households, hereinafter “instant apartment”) 116 Dong, Suwon-si, and the Defendant is the council of occupants’ representatives comprised of representatives by the instant apartment buildings.

B. On January 16, 2015, the Plaintiff was elected as the representative by 116 Dong-dong (120 households) in the election of the representative by the 11th unit of the instant apartment building.

After that, the election procedure for the election of officers of the 11th council of occupants' representatives was implemented, and on March 28, 2015, the plaintiff elected 128 of the total number of voters as the chairperson of the council of occupants' representatives, and the final announcement of election was made on March 30, 2015.

C. Meanwhile, on April 2, 2015, the 13-household occupants, who are 116-dong occupants and more than 1/10 of the instant apartment, violated the provision that the Plaintiff cannot carry out an election campaign other than the election campaign period under the Election Management Regulations in the process of the 11th election of the chairman of the 11th council of occupants’ representatives, and the election commission, which implements the procedures for election management by drawing marks, submitted a written request for the dismissal procedure against the Plaintiff on the ground that the election commission violated the election management regulations and caused unfair consequences to the specific candidate (hereinafter “instant dismissal ground”). On April 4, 2015, the election commission demanded the Plaintiff to submit explanatory materials by April 8, 2015.

On April 16, 2015, the election commission made a motion vote for dismissal of representatives from each Dong on April 16, 2015, and 45 persons who correspond to the majority among the 62 voters were dismissed (hereinafter referred to as the "resolution for dismissal of this case").

Accordingly, on April 17, 2015, the Election Commission dismissed the Plaintiff from the representative of the instant apartment building 11 units pursuant to Article 20(3) of the Management Rules, and pursuant to the proviso to the same paragraph.

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