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(영문) 서울북부지방법원 2019.01.22 2017나40359
청량리제6구역 추진위원회 운영비
Text

1. Defendant who exceeds the following amount among the part concerning Plaintiff B and Defendant in the judgment of the first instance.

Reasons

1. Basic facts

A. The Defendant is the promotion committee approved by the head of the competent Gu on August 4, 2004 pursuant to Article 13(2) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents and Article 6 of the Enforcement Rule of the same Act to establish a rearrangement project association aimed at implementing the housing redevelopment improvement project of Dongdaemun-gu Seoul Metropolitan Government D

B. A resolution made by the residents’ general meeting held on December 15, 2013, E is the chairperson of the defendant’s promotional committee, and F was each appointed as the defendant’s auditor. G meetings held on March 15, 2014 at the promotional committee meeting held on March 15, 2014 were appointed as the defendant’s vice-chairperson, Plaintiff B as a full-time member and a full-time member, and Plaintiff C as a secretary.

C. On September 15, 2014, 38 members of the Defendant’s promotion committee, including Plaintiff B, etc. requested G, the Defendant’s vice-chairperson, to convene a promotion committee on the agenda such as suspension and dismissal of E and F (hereinafter “E, etc.”). On September 16, 2014, G notified and announced that the Defendant’s promotion committee will hold the fourth promotion committee at the Defendant’s promotion committee’s promotion committee office on September 16, 2014.

On September 27, 2014, at the fourth meeting of the promotion committee of the defendant's 4nd meeting, G as the chairperson, each of the dismissal of E, etc. was resolved, and accordingly the report on the change on September 29, 2014 was accepted on October 31, 2014.

E. E, etc.

On December 2, 2014, the Seoul Northern District Court 2014Kahap26136, filed a lawsuit seeking nullification of the resolution of dismissal, etc., and filed a lawsuit seeking suspension of G with the Seoul Northern District Court 2015Kahap20032 against G on January 14, 2015.

(f) On May 8, 2015, as above;

In the preliminary injunction case described in the paragraph, G's suspension of office was the acceptance of the temporary injunction, and on July 29, 2015, E.

In the lawsuit for nullification of invalidity such as a resolution of dismissal as stated in paragraph (1), the dismissal resolution against E, etc. was declared null and void.

G. However, the dismissal resolution mentioned above is null and void.

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