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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Basic Facts
The following facts are not disputed between the parties, or may be acknowledged by comprehensively considering the whole purport of the pleadings in each entry in Gap evidence 1, 5, Eul evidence 1 through 12, and 14 (including each number, if any):
The defendant is the council of occupants' representatives comprised of the representatives of the Gangnam-gu Seoul Metropolitan Government B apartment (total 1,020 households, hereinafter referred to as the "instant apartment").
Election for the election of the second members of the defendant's second class is held on September 8, 2016 and the same month.
9. The Plaintiff (Cdong, Ddong), E (Fdong, Gdong), H (Idong, Jdong), K (Ldong), M (Ndong, Ndong), etc. were selected by five representatives for each Dong, and among them, the Plaintiff was elected as the president of the Defendant.
On March 15, 2017, 120 occupants, etc. of the apartment of this case requested the Defendant Election Commission to proceed with the procedure of dismissal against the Plaintiff on the grounds of “(i) unfair interference in the performance of duties, such as personnel management of the management entity, labor management, etc., ② the act of violating and resolving the quorum of the council of occupants’ representatives, ③ the act of failing to revise and report the management rules within the deadline” (hereinafter “request for dismissal procedure of this case”).
Around March 16, 2017, the Defendant Election Commission requested the Plaintiff to submit explanatory materials as to the grounds for dismissal, and the Plaintiff to submit explanatory materials as of March 21, 2017, and the same year as of March 21, 2017.
4. up to 3. The notice was posted on the apartment of this case.
On April 11, 2017 and the 12th day of the same month, 274 households, among the 1,020 households of the instant apartment, participated in the dismissal voting, and 207 households supported the removal of the Plaintiff.
On April 13, 2017, the Defendant Election Commission publicly announced the result of dismissal voting, and notified the Plaintiff of the result (hereinafter “instant dismissal notification”) around the 14th of the same month.
Article 3 (Definitions) The definitions of terms used in this Code shall be as follows:
1. The term "occupant" means the owner of a multi-family housing or his/her spouse representing that owner; or