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(영문) 대전지방법원 2014.07.02 2013가합7909
해고무효확인
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 Defendant is an unincorporated association as the council of occupants’ representatives consisting of representatives from the instant apartment buildings by Dong, and the Plaintiff was appointed as the representative of Dong 108 apartment buildings and the Defendant’s auditor on December 1, 2012, and the term of office of the representative of Dong is two years.

B. On August 20, 2013, the Defendant: (a) decided to request the dismissal of the Plaintiff from the same representative; (b) decided to re-promotion the Plaintiff where there is any defect after verifying the procedure of resolution, etc.; and (c) on August 22, 2013, publicly announced the result of the meeting that

C. Accordingly, on August 24, 2013, the issue was the validity of the above dismissal resolution made by the Plaintiff without notice on the agenda, the Defendant announced that the Plaintiff was held as a council of occupants' representatives to dismiss the Plaintiff from the 108 Dong representatives on the grounds of interference with the duties of prisoners of war caused by false facts on August 24, 2013, and interference with monthly activities. On the 30th 19:00 Dong representatives, the following resolution of dismissal was made with the consent of 7 members present at the 9 Dong representatives, and requested the election commission to proceed with the procedure of dismissal of the said representative:

Reasons for removal.

1. Disseminating false facts that the chief of the management office embezzled 27,000,000 won;

2. Operation of cases of withdrawal from membership on the website;

3. Illegal of minutes and the functions of resolution by the council of occupants' representatives:

4. The right of month and obstruction of business: ① Termination of the Plaintiff’s unilateral management consignment contract; ② Occurrence of problems concerning the imposition of waterworks fees.

5. Other expenses for attempted management, (1) and (2), (3) reserves for long-term repairs, deposits and (4) Articles 14 (Prohibition of Interference with Business) and 20 (1) 1 of the Multi-Family Housing Management Rules.

D. Since then, five election management members, including D and E, were organized by the election commission, and the election commission passed a resolution to dismiss the representative of the Plaintiff on September 2, 2013 on the 11st day of the same month.

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