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(영문) 전주지방법원 2014.07.17 2014가단3100

손해배상(기)

Text

1. The Plaintiff:

A. Defendant C’s KRW 500,000 and for this, 5% per annum from September 26, 2013 to July 17, 2014.

Reasons

1. Basic facts

A. The Plaintiff and the Defendants were the representatives of each Dong-dong E Apartment-gu, Geumcheon-gu, Seoul Special Metropolitan City in 2007, and were the members of the E apartment council of occupants' representatives (hereinafter referred to as the “instant council of occupants’ representatives”).

B. A resolution to dismiss the representative of each Dong against the plaintiff (1) The council of occupants' representatives in this case constituted 10 representatives for each Dong of the E apartment.

(2) On November 12, 2007, around 20:30, the instant council of occupants’ representatives opened an extraordinary meeting and discussed whether to dismiss the Plaintiff as the representative of each Dong, among 10 members, from among 10 members. While F, G, and H attended the Plaintiff and consulted on whether to dismiss the Plaintiff as the representative of each Dong. On the other hand, F, G, and H decided that the Plaintiff was a person who denied the system of the council of occupants’ representatives, and the Defendants were compelled to dismiss the Plaintiff without giving an opportunity to vindicate to the Plaintiff.

(3) Ultimately, the council of occupants’ representatives of this case made a resolution to dismiss the Plaintiff as the representative of each Dong with five concurrent votes including the Defendants, on the ground that the Plaintiff, in the above extraordinary meeting, “the act of seriously impairing the dignity of the representative of each Dong,” which is the reason for the dismissal of the representative of each Dong under Article 17(2)3 of the Management Rules (hereinafter “the instant resolution of dismissal”).

C. On November 23, 2010, the Plaintiff was elected as the representative for each Dong and the Plaintiff lost its qualification (1) again as the representative for each Dong (from January 1, 2011 to December 31, 201). Accordingly, the Plaintiff performed its duties accordingly.

(2) However, the election commission of the instant council of occupants’ representatives held an emergency meeting on May 6, 201 and the Plaintiff cannot become the representative of each Dong, and the qualification thereof shall be lost.

9. Representatives by buildings of the relevant multi-family housing;