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(영문) 서울동부지방법원 2018.10.05 2018나710
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. Defendant B is the chairman of the council of occupants’ representatives of the fourth period (from March 1, 2015 to February 28, 2017) of the Songpa-gu Seoul Metropolitan Government D apartment (total 65 units, 5,563 units), and at the time, Defendant C is the chairman of the election commission, and the Plaintiff is the Dong representative of the above apartment 219 unit.

B. On December 24, 2016, Defendant C publicly announced on the website of the D Apartment Election Commission that “the Plaintiff accepted this representation on December 23, 2016, and the election commission accepted it and held a special election.”

(c) Of the management rules of the D Apartment, the provisions on the resignation of representatives by buildings are as follows:

(12) Where the representatives or officers of each Dong intend to voluntarily resign, they shall submit in writing a letter of resignation to the council of occupants' representatives or the election commission, and the effect of resignation shall take effect at the same time when a letter of resignation is submitted.

(13) Where a council of occupants' representatives receives a written resignation under paragraph (12), it shall notify the election commission thereof without delay.

(14) The election commission shall publicly announce the matters concerning the dismissal and resignation under paragraph (12) immediately so that occupants, etc. may know.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 3, the purport of the whole pleadings

2. The assertion and judgment

A. Although the gist of the Plaintiff’s assertion did not take effect due to the Plaintiff’s failure to submit the letter of resignation to the council of occupants’ representatives or to the election commission, the Defendants, on the website of the election commission, etc., notified the Plaintiff of his intention to interfere with the progress of the meeting of the council of occupants’ representatives, thereby damaging the Plaintiff’s reputation by publicly announcing a special election, and thus, the Defendants are jointly and severally liable to pay the Plaintiff the solatium amounting to KRW 5,00,000 as compensation

(b) Determination 1 sets out Gap evidence 1, 3, and Eul evidence 2, 3, and 4; or

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