손해배상 청구의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Defendant asserted that the Plaintiff used the partnership funds even after he was dismissed from the president of the Plaintiff’s entire association, and asserted that the Plaintiff’s establishment disposition against the Plaintiff association was invalidated in the Seoul High Court case No. 2015Nu32461, which declared that the Plaintiff’s establishment disposition against the Plaintiff association was not a party to the Plaintiff association.
However, the Seoul High Court case No. 2015Nu32461 is pending in the final appeal at the time of closing the argument in this case, and the fact that the judgment has not been finalized is not disputed between the parties. In addition, in the event that a disposition of authorization for establishment of a housing reconstruction and improvement project association is confirmed to be null and void by a judgment, the disposition of authorization for establishment becomes retroactively null and void at the time of the disposition. Accordingly, the relevant housing reconstruction and improvement project association loses its status as a public corporation, which can implement a housing reconstruction and improvement project under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents retroactively as at the time of the disposition of authorization for establishment of the association. However, the remaining affairs such as the disposal of remaining affairs due to the loss of effect are still to be performed, and the status of parties in the lawsuit instituted by the housing reconstruction and improvement project association cannot be terminated together before the decision becomes null and void (see Supreme Court Decision 2011Da42751,
2. Judgment on the merits
A. As to the claim for damages arising from the use of partnership funds, the Plaintiff used KRW 30,862,571 as the partnership funds in the name of business promotion expenses, etc. as shown in the attached list between June 29, 2014 and February 2015, even if the Defendant was dismissed from the head of the partnership on May 29, 2014.