Defendant

A Imprisonment of 10 months, Defendant B and C shall be punished by imprisonment of 8 months.

provided that this ruling has become final and conclusive.

Punishment of the crime

[Basic Facts] Defendant A is the representative director of the second management body of the Gangdong-gu Seoul Metropolitan Government F Condominium (hereinafter “the instant aggregate building”) and Defendant B is the head of the management office of the instant aggregate building as a member of G, and Defendant C is the head of the instant aggregate building as a member of G. The head of the management office of the instant aggregate building.

The term “management body” of the instant aggregate building is a non-corporate association composed of sectional owners of the instant aggregate building. The term “management body committee” refers to the representatives of each floor who are entrusted and decided by the management body, and Defendant A was elected as the president from the first ordinary general meeting of shareholders on March 19, 207 to the second general meeting of shareholders.

On the other hand, on September 8, 2011, the special meeting of the management body (hereinafter “instant special meeting”) was held on the agenda of the election of representatives of each floor. Defendant A, the president of the general meeting, asserted that the representatives of the new floor below the quorum cannot be elected, and retired from the meeting. At the time, the participants of the special meeting were elected as the Speaker pro rata, the highest extension of which was the Speaker, and then resolved to elect H, I, J, K, L, M as new representatives of each floor (hereinafter “H, etc.”), and to select the new representatives of each floor as the president of the third management body.

After that, around December 201, Defendant A entered into a management service agreement with G on behalf of the management body and the instant aggregate building, and G continued to manage the instant aggregate building by occupying 629 units of the instant aggregate building from that time.

Accordingly, H et al. filed a lawsuit against Defendant A et al. with the Seoul Eastern District Court to confirm the existence of the president of the commission (manager) and the decision to elect a new president of the management body at the special general meeting of this case on May 7, 2013 is valid. Since Defendant A entered into a management service contract with G while he/she lost the status of the president of the management body, G is below 629 of the instant aggregate building.