beta
(영문) 대전지방법원 천안지원 2018.10.19 2018가합254

부존재확인의 소

Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The plaintiff and the defendant C, D, and E are the members of the council of occupants' representatives composed of representatives of the I Apartment-gu, Seo-gu, Seocheon-si (hereinafter "the apartment of this case"), and the defendant B is the person who served as the head of the management office of the apartment of this case.

B. On August 23, 2013, the council of occupants’ representatives of the instant apartment complex discussed the agenda items to be selected by the apartment management company, and the proposal to conclude a contract with the Defendant B, which was at the time of the management office, was presented, but the said agenda items were rejected against the Plaintiff et al., and resolved to conclude a simple free contract with the existing company.

C. After that, on March 24, 2014, Defendant B submitted a complaint to the civil petition office of the Yongsanbuk Police Station, and to the effect that, on August 20, 2013, Defendant B’s meeting of the council of occupants’ representatives of the apartment of this case is being heard by Defendant C, D, E, and Nonparty J, and K, etc., the council of occupants’ representatives of the apartment of this case submitted a complaint to the effect that “the head of the management office received 10% of the construction cost from the construction business operator while he was responsible for performing the individual heating work, and received 10% of the construction cost.”

On July 10, 2014, the prosecution issued a summary order to the court by filing a prosecution against the Plaintiff as a crime of defamation against the victim B, who is the manager of the above apartment complex, when the Defendant was heard by C, D, J, E, and K at the representative meeting of the occupants of the apartment complex of this case on August 20, 2013. However, the victims did not have received an amount equivalent to 10% of the construction cost from the construction business operator as above. Accordingly, the order of summary order was issued by the court by filing a prosecution against the Plaintiff as a crime of defamation against the Defendant, and the Plaintiff claimed formal trial.