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(영문) 인천지방법원 2021.01.26 2020가합57348
결의무효확인의 소
Text

1. It is confirmed that the Defendant’s vote to dismiss the Chairperson, which was taken by the Defendant from May 4, 2020 to May 7, 2020, is invalid.

2...

Reasons

1. Facts of recognition;

A. The defendant is the representative meeting of occupants comprised of representatives from each Dong of Jung-gu Incheon Jung-gu apartment complex B (hereinafter “the apartment of this case”).

On August 2019, the Plaintiff is elected as the representative for each Dong of the instant apartment district (C Dong Dong and D Dong) and thereafter, from August 25, 2019 to August 24, 2021, the Plaintiff is elected as the chairperson of the Defendant (the term of office: from August 25, 2019 to August 24, 2021).

B. Around 19:00 on December 18, 2019, at the 9th regular meeting of the meeting of the residents of the instant apartment complex, the Defendant’s auditor E filed a problem in the process of selecting the instant apartment complex management entity (the Plaintiff’s selection process damaged the fairness of the selection process by holding the FF employees of the company, which is an excellent company, in the process of the Plaintiff’s selection, to give up their bidding) and the meeting was disturbed. At the same time, the Plaintiff, as the president, had four times his salary class while continuing the above meeting, and the head portion of the meeting was separated from knife.

(c)

Since then, around March 30, 2020, 273 households among the 1,572 households of the entire apartment complex of this case among the 1,572 households shall submit a written request for dismissal (hereinafter referred to as "written request for dismissal") with the following contents pursuant to the proviso of Article 20 (4) of the Management Rules of the apartment complex of this case (hereinafter referred to as the "Management Rules") to the committee for the Management of the apartment of this case (hereinafter referred to as the "Management Rules") on or around March 30, 202, along with the written written consent, and shall be dismissed by the representative (chairperson) of the procedures for dismissal of the defendant's chairperson: The plaintiff (violation) shall make a statement necessary for the progress of the meeting in the process of conflict with the auditor and the tenant: intentionally damage the tenant's meeting. The chairperson's intentional behavior at the meeting to be present to the resident, and will make a request for dismissal of the entire chairperson by making his/her voting to the whole resident.

Relevant provisions: the management rules of this case.

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