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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On January 21, 2016, the Plaintiff (hereinafter “instant apartment”), each of which was elected by the president of the council of occupants’ representatives of the instant apartment units (hereinafter “council of occupants’ representatives”) around January 25, 2016, and performed its duties.
B. On March 22, 2016, the council of occupants’ representatives adopted a resolution to dismiss the Plaintiff as the president on the ground that “the Plaintiff was dismissed from office on the grounds that “the Plaintiff had made an act detrimental to dignity as the president of the council of occupants’ representatives, such as having an individual appraisal against C without justifiable grounds, and requesting the dismissal of the representative.”
C. On April 2016, the council of occupants’ representatives requested the instant apartment management commission to proceed with the procedure for dismissal of the Plaintiff, and the election commission proceeded with the procedure for dismissal stipulated in Article 19 of the Management Rules of the instant apartment, such as notification of the submission of explanatory materials, announcement of the reason for dismissal and the date of voting for dismissal.
After that, the dismissal vote against the plaintiff was held on May 23, 2016, and 22 households, among 38 households, participated in the vote and agreed by 19 households with a majority, the plaintiff was dismissed from office as the president of the council of occupants' representatives and representatives of each floor.
(hereinafter “instant resolution of dismissal”) D.
D was elected from the election of the representative of each floor of the apartment of this case implemented on June 29, 2016, and on July 12, 2016, it was elected as the chairperson of the council of occupants' representatives.
Article 18 (Composition of Officers) (1) Pursuant to Article 50 (5) of the Enforcement Decree of the Housing Act (hereinafter referred to as the "Decree"), the council of occupants' representatives shall have the following executives:
1. One chairman;
2. One auditor.
3. One secretary;
4. Three directors: (1) The grounds for dismissal of the representatives and executive officers of each floor under Article 50 (7) of the Decree shall be as follows:
8. To maintain dignity as the representative of each floor, such as the spread of wills, interference with the management affairs, etc.