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1. The defendant's resolution to dismiss the representative of each Dong on January 30, 2016 against the plaintiff is invalid.
2. The costs of lawsuit shall be.
Reasons
1. Basic facts
A. The Defendant is the council of occupants’ representatives comprised of representatives from each Dong of Busan-si B Apartment (hereinafter “instant apartment”). The Plaintiff was appointed as the representative of the instant apartment building and the chairman of the council of occupants’ representatives from August 21, 2015 to August 21, 2017, with the term of office from August 21, 2015. The Plaintiff was dismissed as follows.
B. On January 25, 2016, the election commission of the instant apartment (hereinafter “instant election commission”) received a request from the residents of the instant apartment to dismiss the representative of each Dong from the Plaintiff, and on the same day, posted a public notice to the effect that the instant apartment is subject to dismissal voting on the grounds as follows.
1) Since the election campaign carried out on the election day of the chairman of the council of occupants’ representatives violates Article 14 of the Election Management Rules and thus constitutes grounds for the dismissal of representatives and executive officers by buildings pursuant to Article 20(1)2 of the Management Rules. 2) In the event of the report on the settlement of accounts of the C athletic games and the relevant resident’s general meeting, the resident was non-Confidence by failing to submit a receipt for the
3. It has caused damage to the occupants due to the failure to perform duties due to the concurrent office of the chairman of the council of occupants' representatives.
C. On January 28, 2016, the instant election commission
1. From 19:00 to 21:30, the method of direct voting was conducted from January 30, 2016 to 19:00. As a result, 48 households, among the 103 entire 82 households, participated in the voting and were dismissed by the Plaintiff at the representative of each Dong (hereinafter “instant dismissal resolution”). As a result, public announcement was made that 46 households, opposing and invalid two households, and 34 households with no voting were dismissed by the Plaintiff.
The relevant provisions of the Enforcement Decree of the Housing Act, the Management Rules of the apartment in this case, and the Election Commission Regulations shall be as follows:
(3) The representatives of each Dong shall be as of the date of public announcement of the election of representatives of each Dong.