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(영문) 수원지방법원 2016.06.09 2016가단500999
청구이의
Text

1. The Defendant’s decision as of May 29, 2015 to the Plaintiff was rendered by the lower court on May 29, 2015.

Reasons

Basic Facts

D The Plaintiff was appointed as a custodian in the resolution on the appointment of a custodian on August 28, 2013 of the Autonomous Operating Council.

Accordingly, on October 8, 2013, the Defendant filed a lawsuit seeking confirmation of invalidity of the resolution of appointment of administrator against the D Self-Governing Operating Association (hereinafter “the principal lawsuit”) with this Court No. 2013Gahap21980, and filed an application for a provisional disposition against the Plaintiff under this Court (hereinafter “Provisional Disposition Court”) to suspend the performance of duties and appoint an acting director. On November 8, 2013, the provisional disposition court rendered a decision that the Plaintiff’s performance of duties shall be suspended until the judgment on the principal lawsuit becomes final and conclusive, and the application cost shall be borne by the Plaintiff. On November 13, 2013 of the same year, the Defendant appointed E as the Plaintiff’s acting representative and decided that the remuneration shall be KRW 150,000 per month.

On December 12, 2014, the judgment of winning the defendant was rendered, and the above judgment became final and conclusive on January 3, 2015.

The Defendant filed a motion against the Plaintiff for the determination of the costs of the above provisional disposition case with the court 2015Kao201.

On May 29, 2015, the judicial assistant officers of the above court rendered a decision to confirm that the amount of litigation cost to be repaid by the Plaintiff to the Defendant is KRW 848,653 (hereinafter “decision 1”), and the decision 1 was finalized around that time.

The defendant filed a claim against the plaintiff in this court C to determine the execution cost of the above provisional disposition case.

On July 1, 2015, the judicial assistant officers of the above court rendered a decision that the amount of the enforcement cost to be repaid by the Plaintiff to the Defendant is KRW 20,97,731 (i.e., remuneration of KRW 20,982,531 for the acting director, KRW 14,200 for the delivery fee of KRW 14,200 for the acting director) (hereinafter “decision 2”), and the decision 2 was finalized around that time.

The defendant filed an application for a compulsory auction of real estate (hereinafter “instant auction”) against the defendant F with the title of execution with the ruling Nos. 1 and 2, and the above court rendered a ruling to commence the auction on October 30, 2015.

On November 20, 2015, the Plaintiff was the Defendant as the gold No. 10504 of this Court in 2015.

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