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1. The Defendant: (a) KRW 5,151,658; (b) Plaintiff B, C, and D respectively; and (c) from March 4, 2014 to March 4, 2014.
Reasons
1. Factual basis
A. The defendant is a housing redevelopment project partnership that obtained authorization on March 27, 2009 to implement a housing redevelopment project in Seodaemun-gu Seoul Metropolitan Government G, and the plaintiff B, C, and D were appointed as the defendant's director, and the plaintiff E was appointed as the defendant's director, respectively.
The term of office of the defendant's executive is two years from the date of appointment.
B. On August 11, 2010, Plaintiff E was sentenced to two years of imprisonment with prison labor for the crime of taking property in breach of trust in relation to the Defendant’s business (Seoul Western District Court Decision 2009Da2627, and one and half years of imprisonment with prison labor in the appellate trial) and was legally detained, H on August 18, 2010 was appointed as an acting director for the president of the partnership.
C. Around March 27, 2011, at the election of executive officers of the Defendant general meeting held around July 30, 201 due to the expiration of the term of office of the existing executive officers, including Plaintiff B, etc., obtained a majority of the resident joint countermeasures committee conflicting with the prospect of the existing executive officers who advocate the above E, and the said H and the president of the election management committee of the Plaintiff et al. closed the general meeting, stating that the general meeting is null and void, there was no elected person.
Accordingly, the J et al., which acquired a majority vote, filed a lawsuit against the defendant (H acting for the president of the cooperative) and I to confirm the status of the elected person (Seoul Western District Court 201Gahap10228) and the court on June 1, 2012, which confirmed that J was elected as the principal of the defendant cooperative, and that K et al. and four directors were elected as directors.
H resigned from office on July 30, 201 on the ground of the ordinary meeting held on July 30, 201, and then appointed L as an acting person at the Defendant’s meeting, the Defendant’s member M filed a provisional application, etc. for the suspension of the performance of duties (Seoul Western District Court 201Kahap1718) against L, and received a decision from the said court on February 20, 2012 to reject the application for the suspension of the performance of duties.
(However, the application for the appointment of an acting agent is not accepted for the reason that the right to perform the duties as acting agent is still against H.
However, the existing directors, including plaintiffs B, C, and D, after the decision of the above provisional disposition, are the board of directors on March 20, 2012.