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(영문) 수원지방법원 안양지원 2015.04.30 2014고단849
업무방해
Text

The defendant shall be innocent.

Reasons

1. The Defendant is the actual operator of the D Co., Ltd. and the representative director of E Co., Ltd., a building management company.

1. On June 25, 2004, D Co., Ltd. collected management expenses of D Co., Ltd. entered into an entrustment contract with Jinjin Construction Co., Ltd., an aggregate building (hereinafter “instant aggregate building”) on the management of the instant aggregate building after entering into a contract on the entrustment of the Ftel in Seocheon-gu, Seocheon-gu, Seoul (hereinafter “instant aggregate building”). The management authority of D Co., Ltd had already expired on July 25, 2005.

On the other hand, G elected as the representative of the management body of the instant aggregate building concluded a contract on January 24, 2013 with the victim large comprehensive management company and the instant aggregate building management contract.

Nevertheless, the Defendant, on March 10, 2013, collected management expenses from February 2013 to April 2013 by the same method from the time when the D Co., Ltd still has the authority to manage the instant condominiums, such as distributing a notice of management expenses for two months to each household of the instant condominiums, collecting management expenses for two months, etc.

Accordingly, the defendant interfered with the entrusted management such as the collection of management fees for the instant aggregate building by fraudulent means.

2. On May 21, 2013, E Co., Ltd., which collects management expenses of E Co., Ltd., concluded a contract on consignment management with H elected as the representative of the management body of the instant condominium building and the instant condominium.

However, it is difficult to view the foregoing H as the representative of the management body duly elected due to the defect in the process of election, and accordingly, it is difficult to view the E Company as legally holding the right to manage the instant condominium building.

Nevertheless, the Defendant, around June 10, 2013, took place as if the E Company had legitimate authority to manage the instant aggregate building.

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