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(영문) 서울북부지방법원 2016.12.07 2016가합22565
입주자대표회의의결 무효확인등
Text

1. It is confirmed that the Plaintiff is the representative of the B apartment No. 201 in Seoul Special Metropolitan City, Nowon-gu.

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

Reasons

1. Basic facts

A. The defendant is the council of occupants' representatives (7 members) of the Seoul Special Metropolitan City, Nowon-gu's B apartment (hereinafter "the apartment of this case"), and the plaintiff is the representative of the Dong Dong 201 and 212 of the apartment of this case, which was implemented on May 28, 2015, from the election of the representative of the Dong Dong 201 and who performed duties as the representative of each Dong.

B. On January 27, 2016, C, a senior citizen household member of the instant apartment, submitted an agenda to the Defendant requesting the dismissal procedure against the Plaintiff with the consent of 22 members of the senior citizen household of the instant apartment.

Accordingly, on January 29, 2016, the Defendant publicly announced that “The temporary council of occupants’ representatives in February 19, 2016, held on February 3, 2016 by the council of occupants’ representatives, which is held by the council of occupants’ representatives, is the processing of the proposed dismissal agenda against the Plaintiff, and other matters,” and notified the representatives of each Dong.

C. On February 3, 2016, the Defendant passed a resolution to dismiss the Plaintiff at the temporary council of occupants’ representatives in February 7-1, 2016, which was held on February 3, 2016 (three persons including the supporting four and opposing Plaintiff). On February 17, 2016, the chairman of the instant apartment election management notified the Plaintiff of the submission of explanatory materials regarding the following reasons for dismissal by February 23, 2016.

Reasons for removal.

1. A guardian who damages the dignity of the representative by sending the content certification, etc. of stuffed by the council of occupants' representatives several times that the council of occupants' representatives does not resolve conversations and imposes legal responsibilities, thereby encouraging conflicts among its members and not recognizing the council of occupants' representatives itself;

2. Finding occupants by failing to comply with the intention of an individual and distributing illegal inducements, requesting signatures and hindering the duties of the council of occupants' representatives; 3. The duties of the representative, such as receiving the meeting allowances without signing several times after the end of the council of occupants' representatives;

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