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(영문) 서울고등법원 2015.12.17 2013나2008531

국가배상청구권 및 특별 손해배상

Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. Basic facts

A. The plaintiff is a representative of Seongbuk-gu Seoul Metropolitan Government F apartment (hereinafter "the apartment of this case") and a person who was working as a representative of Dong and general secretary at the council of occupants' representatives of Seongbuk-gu, Seoul (hereinafter "the apartment of this case"). Defendant E is a person who served as a representative of Dong and auditor at the council of occupants' representatives of this case, and Defendant B, C and D are police officers belonging to

B. Defendant E and H, the representative of the council of occupants' representatives of this case, to dismiss the Plaintiff from the position of the Dong representative, visited each household unit of 109 units of the instant apartment and received the written consent of dismissal from the residents of 109 units of the instant apartment and received the said written consent of dismissal from the residents of August 7, 2009. However, the written consent of dismissal from the Plaintiff was short of the quorum, and thus, the written consent of dismissal was rejected.

C. At around 09:00 on August 10, 2009, six persons, including Defendant E and H, found the Plaintiff as the management office of the instant apartment and requested that the above additional written consent of dismissal was received by the council of occupants' representatives on August 7, 2009, with the 10 additional written consent of dismissal from the Plaintiff.

원고는 위와 같이 피고 E 등이 원고에 대한 해임동의서 문제로 관리사무소를 찾아와 있다는 사실을 알게 되자, 2009. 8. 10. 10:48경 112신고센터에 ‘엊그제 파벌싸움으로 사건 현장에 무서워 들어갈 수 없으니 같이 동행하여 달라’는 내용으로 신고하였다.

The police officers K and L, who were called upon upon the plaintiff's report, listened to the plaintiff's interview or statement and had the plaintiff submit a written complaint to the plaintiff, and return to the plaintiff.

Then, at around 11:20, the Plaintiff reported again to the 112 reporting center, sent out by the police officer K and L, and entered the instant apartment management office with the Plaintiff at around 11:30 along with the Plaintiff, to investigate the parties involved in the instant case, and to explain that the Plaintiff did not arrest and request the Plaintiff to arrest and arrest Defendant E without any condition.