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(영문) 인천지방법원 2013.11.29 2012고정3601
자격모용사문서작성등
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The Defendant is in the position of the president of a partnership for the redevelopment and consolidation of D houses, who was dismissed from office at an extraordinary general meeting proposed by E on January 18, 2012 and whose duties are suspended, and the same month on February 2, 2012

3. At the office of the D Housing Redevelopment and Improvement Project Association located in Bupyeong-gu Incheon Metropolitan City, for time during which time is unknown, one copy of the contract, which is a private document concerning the rights and obligations, was forged by making the D Association President qualified as the D Association President, and by allowing the said I and K to build up the seal of the president of the association without authority for the purpose of exercising his duties after being dismissed as above and having his duties suspended, and by allowing K and D's representative, who is the H's agent, and the contractor's agent, to write his personal information in H's "A" column, and attaching the seal to the D Association President A's letter of contract for the redevelopment of D's housing, which is a private document concerning the rights and obligations, and at the above time and at the above place, it was exercised by delivering it to the said I and K without authority.

2. According to the evidence duly adopted and examined by this Court, the following facts are acknowledged.

In other words, on January 18, 2012, the D Housing Redevelopment Project Association made a resolution to dismiss the defendant, etc. who was the head of the partnership at the time of the special meeting convened by E as the representative of the proposing party, on the ground that he was prosecuted for violating the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, and suspend

② On February 3, 2012, E filed a provisional disposition against the Defendant to suspend the performance of duties with the Incheon District Court 2012Kahap57 on the ground that the Defendant continues to perform his/her duties even after the above resolution, and received the decision of acceptance.

③ On February 1, 2012, the Defendant and five other parties (hereinafter “Defendant”) filed a motion for and on the special meeting resolution of the Incheon District Court 2012Gahap1784 against D Housing Redevelopment and Improvement Project Association (hereinafter “D Housing Redevelopment and Improvement Project Association”) on January 18, 2012, the defect in the procedures of proposal and convocation, the quorum of the proceedings, and

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