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1. On March 30, 2018, on the part of the Plaintiff, the dismissal of the representative by one Dong voting is confirmed to be null and void.
Reasons
1. Basic facts
A. The Defendant is the council of occupants’ representatives comprised of representatives from each Dong-dong B Apartment (hereinafter “instant apartment”). The term of office of the Plaintiff is from January 1, 2018 to December 31, 2019, from among the representatives from each Dong-dong (third district) of the instant apartment and the Defendant’s chairperson, who are elected respectively, around December 2017.
B. At around March 2018, 17 among the C-dong occupants of the instant apartment, the Plaintiff requested to dismiss the Plaintiff’s representative on the ground that “the Plaintiff did not gather the opinions of other residents, and independently perform his duties” to the Election Commission of the instant apartment.
C. Accordingly, the Election Commission held an extraordinary meeting as of March 14, 2018 to proceed with the dismissal voting upon the request of the Plaintiff. Around that time, the Election Commission publicly announced that the Plaintiff’s dismissal voting should be carried out by means of a visiting voting on March 30, 2018, along with the details of the said meeting’s resolution.
On March 30, 2018, the election commission carried out the dismissal voting of the representative of each Dong for the plaintiff by visiting each household.
(2) On March 31, 2018, the lower court publicly announced that the Plaintiff was dismissed from office in accordance with Article 20(3) of the Management Rules of the instant apartment building on March 31, 2018, and that the Defendant’s president was disqualified from office on March 30, 2018.
E. The Plaintiff of the former Multi-Family Housing Management Act (amended by Act No. 15454, Mar. 13, 2018), the former Enforcement Decree of the Multi-Family Housing Management Act (amended by Presidential Decree No. 29151, Sept. 11, 2018), and the instant apartment management rules, which were enforced at the time of the instant dismissal voting.