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(영문) 부산지방법원 2014.10.10 2014노2637
횡령
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal D and C (hereinafter “D, etc.”) as the occupant of B apartment (hereinafter “the apartment in this case”) filed a lawsuit for the suspension of the president’s performance of duties by the council of occupants’ representatives of the apartment in this case with the respondent as the defendant (hereinafter “the application for provisional disposition in this case”), and the representative of the Dong, the president’s abandonment and the confirmation of the existence of the chairman’s abandonment as the representative of the council of occupants’ representatives of the apartment in this case (hereinafter “the principal lawsuit in this case”). The application for provisional disposition in this case was filed on the premise of the principal lawsuit in this case, and the principal lawsuit in this case was filed on the premise that the council of occupants’ representatives is the defendant, and therefore, according to Article 5 of the Addenda to the management rules of the apartment in this case, the expenses for appointment of each of the above lawsuits can be paid from

Accordingly, the defendant, following a resolution of the council of occupants' representatives, executed the expenses for appointment of an attorney-at-law for each of the above lawsuits from the reserve fund among the management expenses of the apartment in this case. The representative of the council of occupants' representatives of the apartment in this case changed from A to G of the chairperson's representative for the chairperson, and the defendant took part in the principal lawsuit as an independent party intervenor, and the attorney-at-law, who was the attorney of the council of occupants' representatives, was a free party suit in consideration of the defendant's circumstances, and the expenses for appointment of an attorney-at-law paid by the defendant were not executed for the defendant

2. The attorney fees that can be paid at the cost of the judgment body are limited to the case where the organization itself becomes a party to the lawsuit, so the attorney fees of the organization’s representative and criminal case which become a party to the lawsuit.

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