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(영문) 서울서부지방법원 2015.07.10 2015노264

도시및주거환경정비법위반

Text

The judgment below

Part concerning Defendant D and E shall be reversed, respectively.

Defendant

D and E are not guilty. Defendant D and E.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts or misunderstanding of legal principles (1) Defendant A and C’s director of Defendant F (hereinafter “Defendant F”)’s (hereinafter “Defendant F”) as indicated in the judgment of the court below is null and void as it constitutes a self-transaction prohibited by Article 124 of the Civil Act. This part of the borrowing act does not belong to the instant union regardless of the resolution of the general meeting. Thus, it cannot be deemed that Article 24(3)2 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) violates Article 24(3)2 of the same Act.

(B) On June 20, 2010, the inaugural general meeting held on June 20, 2010 by the Defendant Union, which was held on June 20, 2010 as indicated in the holding of the lower judgment, could not be dealt with as to the budget, and accordingly, there was no budget bill of the instant association.

In such a situation, the instant union’s establishment security services agreement and OS agreement with K and 39 companies that entered into with the counsel with the preparation of the general meeting on April 28, 2012 upon the counsel’s consultation is subject to the suspension condition, and thus, it does not take effect without the general meeting’s resolution. Therefore, it cannot be deemed that Article 24 subparag. 4 and 5 of the Urban Improvement Act were violated, and the Defendants had criminal intent.

(C) On July 9, 2012, Article 2-b, Paragraph (c) of the judgment of the court below and the monetary loan contract of the P office and the P office of the Co., Ltd. on July 11, 2012 was concluded according to the resolution of the general meeting No. 2 of Apr. 28, 2012, since there was a prior resolution of the general meeting on this issue.

(2) Defendant B and Defendant Union’s assertion of misunderstanding of facts and misapprehension of legal principles (A) the part of paragraph (a) of Article 1 of the judgment of the court below (Deficial misunderstanding of facts).