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(영문) 대전지방법원천안지원 2019.10.25 2019가합100373
동대표해임무효확인
Text

1. A resolution on the dismissal of the representative of each Dong-based council of occupants' representatives, which was made by the Defendant against the Plaintiff on November 16, 2018.

Reasons

1. Facts of recognition;

A. On December 30, 2017, the Plaintiff was elected as the representative of the above apartment E-Dong, Dong-gu, Nam-gu, Dong-gu, Seoul, and the representative of the apartment E-Dong.

(1) Grounds for dismissal of the representatives and executive officers of each building under Article 13 (4) of the Decree shall be as follows:

1. Where it violates Acts and subordinate statutes governing the Multi-Family Housing Management Act and management of multi-family housing;

2. Where he violates the rules for collective housing management and the regulations of election commission;

3. When he has used or embezzled management expenses, etc. for any purpose other than the original purpose;

4. Where he/she causes loss to occupants by intentionally or by gross negligence due to the loss, damage, or damage to public facilities;

5. Where he is sentenced to a fine or more severe punishment in connection with housing management affairs (including defamation, insult, violence, breach of trust, embezzlement, etc.);

6. Where fairness in bidding is damaged, such as requesting or receiving money or goods in relation to the selection of a housing management operator, construction service provider, or service provider, or exercising the influence of successful tender to a management entity;

(2) When representatives by buildings fall under grounds for dismissal under paragraph (1), the written consent of at least 1/10 of the relevant constituency or the consent of a majority of its members may be requested by the council of occupants' representatives to proceed with the procedures for dismissal to the election commission by making a resolution on the grounds for dismissal under paragraph (1), and the election commission in receipt of such request shall proceed with the procedures for dismissal within 30 days.

Article 42 (Operation) (4) When the Chairperson intends to call a meeting, he/she shall notify the members of the date, time, venue, agenda, etc. in writing or by electronic means, such as e-mail, no later than five days before the meeting is held.

B. The B apartment management rules stipulate the dismissal of representatives by buildings and the operation of the election commission as follows:

C. The Defendant, through a vote of the E-dong residents on November 16, 2018, shall be the Plaintiff.

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