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(영문) 서울중앙지방법원 2018.12.06 2018가합529955
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On December 24, 2002, the Defendant is a reconstruction improvement project association established with approval from the head of the Gu in accordance with the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents for Residents for the purpose of implementing the housing reconstruction project (hereinafter “instant project”) in the Jongno-gu Seoul Metropolitan Government Seoul Jongno-gu Seoul Metropolitan Government Seoul Metropolitan Government 7,900 square meters, and the Plaintiff was not a member of the Defendant, but was a full-time adviser from the Defendant’s inaugural general meeting to January 24, 200

B. On September 16, 2003, at the 18th special meeting held by the Defendant, “the head of the association and the Plaintiff’s compensation scheme for the performance of the business of the association”, which is No. 5 agenda (emergency proposal), was passed by the Defendant’s unanimous meeting of 39 participants, and the content thereof is that “if the head of the association and the Plaintiff faithfully implement the protection of the rights of association members and all administrative procedures, etc. until the completion of the business of this case, one household of the partnership’s withholding facilities (32 would be sold free of charge) shall be sold to the Plaintiff, respectively, from among the persons designated by the head of the association and the Plaintiff.”

(hereinafter “Resolution of September 16, 2003.” In addition, at the 19th meeting of the 19th meeting held on September 19, 2003, the defendant council passed a notarized resolution on No. 5 (emergency proposal) out of the resolution of the 18th special meeting with the consent of all the participants 9, which is the second agenda, and the contents of the resolution are as follows: “D association head and the plaintiff shall be notarized to compensate for the case where they faithfully perform the protection of the property rights of association members and all the administrative procedures, etc. by the time the project of this case is completed.”

C. Nonparty E, which the Defendant intended to select as the contractor of the instant business, demanded the Plaintiff to resign from the position of full-time adviser under its condition, the Defendant passed a resolution with the consent of 32 of the participants, among 43 participants, on the 44th special general meeting held on January 21, 2008, regarding “the confirmation of the provision of reserved land due to the Plaintiff’s resignation of a full-time adviser” as other agenda items, and the content thereof.

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