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(영문) 울산지방법원 2016.07.20 2015가합22874
동대표해임선거무효확인
Text

1. The plaintiff confirms that he is in the Dong-gu, Ulsan-gu, B apartment 107 representative status.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

Based on the facts, the Defendant is the council of occupants' representatives comprised of the representatives from the Dong-gu B apartment in Ulsan-gu (hereinafter referred to as the “instant apartment”), 22 and 2110 residents, and the election commission of the instant apartment (hereinafter referred to as the “election commission”) is an organization established to perform the affairs related to the election of the instant apartment.

In the absence of dispute, the Plaintiff was elected as the representative of the same Dong on December 8, 2014 as the occupant of 107 apartment units of this case (total 75 households) and was on the part of the Defendant from January 1, 2015.

In the absence of dispute, there is no dispute. Around May 2015, 107, 53 members, including 107 occupants C, etc., requested the dismissal of the plaintiff's representative while submitting to the defendant the consent of non-Confidence on the part of the plaintiff, which he/she received from the occupants. At the defendant's request, the election commission made the public announcement of dismissal voting on May 29, 2015 and the election commission made the public announcement of dismissal voting on June 8, 2015.

9. Although the dismissal voting was held against the plaintiff, the dismissal decision against the plaintiff was not made because it was aggregated with the affirmative votes 23 and dissenting votes 24.

Nos. 1 through 3 of A. The second resolution for dismissal of 25 persons, including 107 residents D, etc., against the plaintiff, were submitted to the defendant on July 2015, and requested the dismissal of the plaintiff's representative at the defendant's request. Upon the defendant's request, the election commission added up the number of votes 43, dissenting votes 12, and the dismissal of the plaintiff on September 23, 2015, and the election commission notified the plaintiff on October 24, 2015 after publicly announcing the result of dismissal voting for the plaintiff on September 12, 2015.

(7) The representatives of each building and the officers of the council of occupants' representatives shall be governed by the management rules.

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