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(영문) 광주지방법원 2015.09.04 2014가합9085
해임무효확인 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. In accordance with the Housing Act and the Enforcement Decree of the Housing Act, the Defendant is a juristic person organized for the management of public facilities and incidental welfare facilities of 959 households in total, B apartment located in Gwangju Northern-gu D (hereinafter “instant apartment”).

The Plaintiff is a person who was in the position of the representative of each apartment building of this case from around December 2013, and was dismissed on April 27, 2014, and C is a representative of each apartment building of this case from November 18, 2013 to May 11, 2014.

B. On October 8, 2012, the Defendant appointed five members, including C, as election management members of the instant apartment, and made a resolution to determine their terms of office until May 11, 2013, the remaining term of office of the former election management members.

C. On May 8, 2013, the remaining term of office of five election management members, including C, resigned from office as election management members, and a new election commission was organized.

C On November 18, 2013, the election of the representative of each apartment building of this case was elected as the representative of 202 apartment buildings of this case.

On February 17, 2014, the Defendant issued a public notice to the effect that the council of occupants’ representatives shall convene temporary meetings of the council of occupants’ representatives on an agenda item, including “cases of re-deliberation as civil petitions filed by occupants due to the rejection of the re-contract by a consignment management company,” “cases of bidding announcement to select a consignment management company,” and “other pending issues.”

Accordingly, the temporary council of occupants' representatives convened on February 20, 2014. Here, C presented "non-Confidence proposal" to the plaintiff as an urgent agenda, and the defendant, after giving the plaintiff an opportunity to vindicate it, suspended the plaintiff's duties and decided C as the Speaker pro tempore, and decided to request residents' voting to the election commission for the dismissal of the chairperson of the council of occupants' representatives.

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