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(영문) 부산지방법원동부지원 2017.12.13 2017가단205440
사해행위취소
Text

1. The instant lawsuit shall be dismissed.

2. The litigation costs are assessed against C who is represented by the plaintiff.

Reasons

1. The parties' assertion

A. Plaintiff 1) The Plaintiff has a claim for damages amounting to KRW 60 million against the Defendant for tort, such as occupational embezzlement, breach of trust, etc., committed by D in the course of performing the duties of director, general affairs, and director of the management office, etc. of A apartment. (2) The Plaintiff filed an application for provisional attachment of D’s real estate based on the Plaintiff’s damage claim against D, and D donated the instant real estate to the Defendant, the son, and completed the registration of ownership transfer, but such act constitutes a fraudulent act detrimental to D’s creditors, including the Plaintiff.

3) Therefore, the contract of donation written in the purport of the claim between the defendant and D shall be revoked, and the defendant is obligated to implement the procedure for cancellation of ownership transfer registration written in the purport of the claim to restore the original state to its original state. B. Defendant 1) The former defense of the merits, and C, the representative of the plaintiff, is not the representative of the plaintiff duly elected. Thus,

2) In relation to D’s embezzlement, D agreed that the Plaintiff and D shall contribute KRW 3.5 million to the Plaintiff, and that the Plaintiff would no longer raise a civil or criminal objection, so there is no preserved claim against D. 3) At the time of the conclusion of the instant gift agreement, D did not exceed its obligation.

2. Whether the lawsuit in this case is lawful

A. The Multi-Family Housing Management Act provides for the following procedures for the appointment of the representative of the council of occupants' representatives (chairperson) of multi-family housing.

(1) Article 14 of the Multi-Family Housing Management Act (Composition, etc. of the council of occupants' representatives) (1) The council of occupants' representatives shall consist of at least four persons, and the representatives elected by constituency prescribed by the management rules in proportion to the number of households by building (hereinafter

shall be composed of the Act.

(5) The council of occupants' representatives shall have the chairperson, auditors and directors as executive officers, as prescribed by Presidential Decree.

(7) Matters concerning the term of office of the representative of each building or restriction thereof.

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