logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2018.10.26 2018가합50789
해임무효확인의 소
Text

1. Of the instant lawsuit, the Defendant filed a claim for nullification of the resolution dismissing the Plaintiff from the representative on December 9, 2017.

Reasons

1. Basic facts

A. The status of the parties is that the defendant is the council of occupants' representatives consisting of B apartment units in Namyang-si, Namyang-si (hereinafter "the apartment units of this case"), and the plaintiff is the representative of the first apartment unit (5301 Dong Dong and 5302 Dong Dong 1 D) around December 2016.

B. On May 22, 2017, the Defendant entered into a service contract for the claim for warranty bond against the Defendant (hereinafter “Seoul Guarantee Insurance Co., Ltd.”)

(C) A Co., Ltd. (hereinafter “C”) to claim the warranty bond for the instant apartment.

) A service contract with (hereinafter referred to as “instant service contract”)

2) Around September 2017, C prepared a defect repair diagnosis report on the instant apartment in accordance with the instant service contract, and filed a claim for the payment of the defect repair bond on behalf of the Defendant with Seoul Guarantee Insurance on behalf of the Defendant. Accordingly, the Defendant received the defect repair bond equivalent to KRW 1.388 billion from Seoul Guarantee Insurance.

Since then C demanded the Defendant to pay the service cost of KRW 530 million according to the instant service contract.

However, there is an internal objection to the payment method of service costs to C in the Defendant, and there was no payment of service costs to C.

C. Around December 5, 2017, the Defendant demanded the Plaintiff to vindicate the following matters on the ground that the Plaintiff unfairly involved in the process of selecting the instant apartment defect repair company. Around December 5, 2017, the Plaintiff requested the Plaintiff to explain:

The main time is to clarify the contents of the consultation held at the B Apartment representative meeting by telephone prior to the public announcement and to avoid the dissenting opinion, thereby ensuring fairness and transparency, and to explain the contents of the delay in progress.

B. The C representative director, who is a defective shipping company, and the C representative director and the C representative director of September and October, who first explains in detail the reasons and contents of the call.

arrow