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(영문) 수원지방법원 안양지원 2021.03.26 2020가합101510
입주자대표회의회장 해임무효확인 등
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The defendant is the representative meeting of occupants (one representative of each building) of the Gunpo-si apartment B (6 units of Dong 453 units, hereinafter "the apartment of this case") in the Gunpo-si.

2) The Plaintiff, as an occupant of the instant apartment, was elected as the president of the 8th Council for Representatives of Residents (the expiration date: July 31, 2018) around the end of December 2016, and is reappointed as the president of the 9th Council for Representatives of Residents (the expiration date: July 31, 2020).

B. On January 9, 2020, the 5 representative of each apartment building of this case, such as D, was required to convene an extraordinary general meeting by proposing an agenda to dismiss the Plaintiff from the Defendant’s office. Accordingly, on January 15, 2020, a notice was issued to hold an extraordinary meeting of temporary occupants on January 15, 2020.

2) On January 15, 2020, the Defendant held a temporary occupant representative meeting and resolved to dismiss the Plaintiff from the Defendant’s chairperson.

(c)

Article 21 (1) (1) (1) of the Rules on the Management of Multi-Family Housing by the Defendant by holding a meeting of representatives of occupants on February 19, 2020 to fill the vacancy due to the representative of each Dong, the officer (limited to the chairperson and the auditor) of each Dong, the election management committee shall hold an election for all tin constituencies or officers within 30 days from the date on which the vacancy occurs, and the term of office of the elected person shall be the remaining term of office of his predecessor.

Pursuant to C, a resolution was passed to select C as the chairperson of the defendant.

(d)

As the term of office of the new Chairperson Election C following the expiration of the term of office of the Chairperson expires on July 31, 2020, the defendant elected C from July 14, 2020 to July 16, 2020 and announced C as the chairperson of the defendant (the term of office: August 1, 2020 to July 31, 202).

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 3, 4, and 8 (including numbers if there are several types of statements), Eul evidence Nos. 14 and 16, and the purport of the whole theory of changes

2. The defendant's judgment as to the defense prior to the merits shall be the chairperson of the plaintiff.

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