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(영문) 서울남부지방법원 2018.01.11 2016노2450
업무방해
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendants’ assertion of misapprehension of the legal doctrine is merely a legitimate act that does not violate the social norms, inasmuch as it is difficult for the complainant to prevent the complainant’s unfair handling of the case without actively exercising his/her right to state his/her opinion.

Nevertheless, the lower court erred by misapprehending the legal doctrine and adversely affecting the conclusion of the judgment.

B. In light of the fact that the Defendants committed an act for the overall interests of the occupants and the Defendants were aged older, the sentence imposed by the lower court (each fine of KRW 300,000) is too unreasonable.

2. Determination

A. In full view of the following circumstances recognized by the lower court’s duly admitted and investigated evidence, it is difficult to evaluate the Defendants’ act as a justifiable act that does not contravene social norms.

The Defendants’ assertion of misapprehension of the legal principles is without merit.

1) In a lawsuit to the effect that the complainant was wrong to have been selected as the representative of the meeting of the occupants of the apartment of this case, the fact that the complainant resisted against the defect in managing the attorney's fees from the management expenses is recognized.

2) Article 10 of the apartment management rules of this case provides that residents shall have the right to state their opinions to the representative meeting of occupants. However, Article 24(1) of the Rules provides that residents may only speak at the representative meeting of occupants, and only when the chairperson permits the representative meeting of occupants to speak.

The provisions stipulate that the occupants shall comply with the proceedings of the Speaker in relation to specific meetings.

3) However, despite the fact that the Defendants continued to make a statement at the time, despite the fact that they had been the chairperson of the resident representative meeting, they return to the meeting place and talk with him.

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