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(영문) 서울중앙지방법원 2016.12.07 2015고단6821

자격모용사문서작성등

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On September 30, 1999, the sectional owners of the Gangnam-gu Seoul Southern-gu and the five-story commercial buildings hold an inaugural general meeting of the management body and establish a management body in accordance with the Act on the Ownership and Management of Aggregate Buildings, and establish the management rules in order to appoint a management body as a manager. However, around February 11, 201, some of sectional owners filed an application for provisional disposition with the Seoul Central District Court 2010Kahap3524 decided on February 11, 201 to suspend the performance of duties of the manager and to appoint an acting manager, and during the suspension period, D was appointed as the acting manager until the judgment on the merits became final and conclusive, and the Seoul Central District Court 201Kahap998 case was dismissed on May 3, 201 and the above decision became final and conclusive on February 231, 2012 by the court 201.

In around 2014, 23 sectional owners, including the Defendant, filed an application for a provisional disposition of suspending the performance of duties with the Seoul Central District Court 2014Kahap1268 case, and filed a request for a temporary meeting of the management body with the above court for a temporary meeting of the management body under 2014 non-conforming106. On July 30, 2014, upon obtaining a decision to convene an extraordinary meeting of the management body for the purpose of “establishment of the management rules, appointment of the manager, organization of the management committee, and the change in the management method, etc.” on October 30, 2014, the temporary meeting was held on June 30, 2014, but only six managing members passed on the appointment of the management committee, and the remaining items were rejected for lack of quorum. The above rejection was rejected as a quorum at the temporary meeting of November 28, 2014.

The defendant was changed from the above second meeting to the management rules, and was appointed as a manager pursuant to Articles 54 and 51 of the amended management rules.