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(영문) 서울중앙지방법원 2020.01.16 2019나26037
운영비 반환
Text

1. The defendant's appeal is dismissed.

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

3. The judgment of the court of first instance is subject to Paragraph (1).

Reasons

1. Basic facts

A. The Plaintiff is an unincorporated association consisting of representatives from each Dong apartment, and the Defendant was elected as the representative of the Plaintiff and the president on December 11, 2016 (from January 1, 2017 to December 31, 2018).

B. On December 6, 2016, the Plaintiff reported the establishment of the council of occupants' representatives to the head of Gwanak-gu in Seoul Special Metropolitan City as the chairperson, and the head of the Gu accepted it on December 16, 2016.

C. On April 20, 2017, the head of the Gu issued a disposition revoking the acceptance of the said report on the grounds that “the Defendant was in the position of the representative of each building three times from January 1, 2007 to December 31, 2008 (the sixth period), from January 1, 2009 to September 30, 2010 (the seventh period), from January 1, 2009 to December 30, and from January 1, 2015 to December 31, 2016 (the tenth period) again appoints the Defendant as the representative of each building on the grounds that it violates Article 13(2) of the Enforcement Decree of the Multi-Family Housing Management Act that restricts the frequency of termination.”

The defendant, as the representative of the plaintiff, filed a revocation lawsuit against the revocation disposition of the above acceptance (hereinafter "the revocation lawsuit of this case") with the Seoul Administrative Court No. 2017Guhap3472, and the above court decided on June 9, 2017 that "the revocation disposition against the plaintiff on April 20, 2017 by the head of Gwanak-gu Seoul Special Metropolitan City Office against the plaintiff shall suspend the execution until the Seoul Administrative Court 2017Guhap3472 sentenced to the suspension of execution."

E. On November 10, 2017, the Seoul Administrative Court rendered a judgment dismissing a lawsuit on the ground that “the Defendant is disqualified as the representative of the Plaintiff, and the instant lawsuit was instituted by a person who has no power of representation, and is unlawful.” Accordingly, the said judgment suspending the execution became null and void.

The above dismissal decision was finalized by Seoul High Court Decision 2017Nu83814 and Supreme Court Decision 2018Du44531.

F. From January 2017 to October 2017, the Defendant, as the representative of the Plaintiff, is KRW 400,000 per month as the president’s business promotion expenses.

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