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(영문) 대전지방법원 2019.06.20 2018가단4519
청구이의
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff was an organization that is composed of sectional owners and occupants of the Daejeon-gu building A (hereinafter “instant commercial building”) and conducts business activities, such as the maintenance of the instant commercial building and its appurtenant facilities, and the imposition and collection of maintenance fees and maintenance fees, and used the name of “AAAAA Management Body,” “A A General Management Committee,” or “A Management Committee,” etc.

B. On February 6, 2014, the Defendants filed a lawsuit against the Plaintiff seeking confirmation of invalidity of a resolution on extraordinary session of the Commercial Building Operation Committee of this case, which appointed E as the Plaintiff’s president, as the court 2015Gahap2069, and the said court rendered a judgment that accepted the Defendants’ claim in full and the costs of lawsuit are borne by the Plaintiff.

The Plaintiff appealed as the Daejeon High Court Decision 2016Na11958, but was dismissed on February 9, 2017. The Plaintiff appealed as the Supreme Court Decision 2017Da213302, but was dismissed on May 31, 2017.

(hereinafter referred to as "relevant civil judgment"). (c)

The Defendants filed an application with the competent court for the determination of the amount of litigation costs pursuant to the relevant civil judgment under this Court No. 2017Kaba20298, and the said court assistant officer decided on October 25, 2017 that the Plaintiff’s reimbursement to the Defendants constituted KRW 10,389,796 in total.

(hereinafter “Determination of the amount of litigation costs of this case”) D.

On November 16, 2017, based on the original copy of the determination on the amount of litigation costs of this case, the Defendants issued a collection and seizure order (hereinafter “instant seizure and collection order”) with the amount of claim KRW 10,389,79,796 against the Plaintiff’s deposit claim against F Co., Ltd. (hereinafter “F”) as the Plaintiff’s claim against the Plaintiff’s KRW 2017TT 58750, based on the original copy of the determination on the amount of litigation costs of this case. The said order was served to F Co., Ltd. on November 21, 2017.

E. Meanwhile, in the case of Daejeon High Court 2017Ra395’s provisional disposition of suspending the performance of duties, Attorney G is the Plaintiff’s acting director on February 23, 2018.

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