logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원부천지원 2020.01.29 2019가합271
해임 처분 취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a person selected as C Dong representative of B apartment in Kimpo-si D (hereinafter “instant apartment”).

B. The main provisions of the instant management rules of apartment (hereinafter “instant management rules”) are as follows.

Article 13 [Duties of Residents, etc.] (1) In addition to the matters prescribed by the Multi-Family Housing Management Ordinance, occupants, etc. shall have the following obligations to maintain the order of community life, improve the residential life, and maintain and manage all facilities:

6-2. Duty to observe communal living order: Article 14 [Prohibition of Interference with Business]. (2) The council of occupants' representatives, the election commission, the management entity and the head of the management office shall not unfairly interfere with, or interfere with, its duties;

Article 20 [Dismissal, etc. of Representatives, etc. by Building] (1) The grounds for dismissal of the representatives and executive officers of each building under Article 19 (1) 3 of the Decree shall be as follows:

Provided, That it shall be limited to an act performed during the term of office of the representative of the relevant Dong, and where the grounds for each subparagraph have occurred during the term of office, but a final judgment has been made during the term of office due to litigation,

1. Where he/she violates the Multi-Family Housing Management Act;

2. Where the representatives by buildings intend to request the dismissal of them on grounds of dismissal under paragraph (1), they shall submit any of the following methods to the election commission:

2. Where the council of occupants' representatives makes a request for dismissal, a proposal of dismissal, stating the grounds for dismissal, shall be adopted with the consent of a majority of the members (referring to the prescribed number of members by management rules, and where not less than 2/3 of the members of the relevant council of occupants' representatives are elected, referring to the elected members; hereinafter the same shall apply) and submitted the minutes

arrow