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(영문) 서울북부지방법원 2019.05.21 2018나37381
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each of the evidence Nos. 18 to 24, No. 2-1, No. 12 and No. 13, and No. 12 and No. 13.

The defendant is the council of occupants' representatives of B apartment in Seoul Special Metropolitan City, Nowon-gu (hereinafter referred to as "the apartment in this case"), 7 Dong from Cdong to Ddong, and the plaintiff is the resident of the above apartment in this case.

B. From January 1, 2013 to December 31, 2014, the Plaintiff served as the 20th director of the Defendant, and the 20th president at that time served as the H.

C. From January 1, 2015 to May 31, 2015, H, Plaintiff, etc. organized an election commission for the election of members of the 21st unit of the instant apartment council of occupants’ representatives. From July 7, 2015 to May 31, 2015, in addition to the election of the 6th unit of the said 7 constituency, J did not elect the 6th unit of the said representative; and from January 1, 2015 to May 2015, H, Plaintiff, etc. decided on the agenda by holding a council of occupants’ representatives with J to continue its duties until the remainder of the 7 constituency is elected.

Meanwhile, during the above period, H received KRW 1.5 million (i.e., operating expenses and attendance allowances at meetings) in accordance with the management rules of the apartment of this case (i.e., KRW 300,000 per month x 5 months), and the Plaintiff and K received KRW 2.50,000 ( KRW 50,000 x 5 months), respectively, and paid KRW 6,14,370 as expenses for election management, including KRW 843,870 in preparation for the food of election management members.

E. On May 2015, the election commission of the instant apartment was elected each Dong representative, and on August 28, 2015, G was elected as the president upon holding the election of the officers of the council of occupants' representatives and the re-election of Ldong representative.

F. On August 27, 2015, the Plaintiff was not elected by the former president and directors despite the expiration of the term of office of the Defendant’s 20th executive officers and the said representatives, and the Plaintiff et al. performed their duties properly until the election is made.

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