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(영문) 의정부지방법원 2016.08.26 2015가합5153
회장지위확인 등
Text

1. The action for confirmation of invalidity of the instant commissioning act shall be dismissed.

2. Defendant B pays KRW 300,000 to the Plaintiff.

3...

Reasons

1. Determination as to the lawsuit seeking confirmation of invalidity of commission against the defendant Yangju-si

A. On July 9, 2014, the Plaintiff’s assertion that the Defendant Yangju-si commissioned nine members of the instant apartment election commission constituted a tort and seek confirmation of invalidity.

If it is determined that the above commission of the defendant Yangju-si is null and void, it is possible to review the suspension of business with a fine of 2 million won which is finalized against the plaintiff, so there is a benefit of confirmation.

B. The nine members of the instant apartment election commission commissioned as of July 9, 2014 at Yangju-si, Defendant Yangju-si, the main body of which was the Defendant Yangju-si, dismissed as of March 11, 2015 by the judgment on July 8, 2015, and thus, there is no benefit to seek confirmation of invalidity of the commission.

C. According to the purport of evidence No. 1 in the statement of evidence No. 1, the Plaintiff filed a lawsuit against the council of occupants' representatives of the instant apartment as the District Court 2014Gahap104555 against the Plaintiff, seeking confirmation that all the members of the instant apartment management committee were dismissed as of March 11, 2015. On July 8, 2015, it can be recognized that the judgment accepting the above request for confirmation of dismissal became final and conclusive at that time. Since the claim for confirmation of invalidity of commission is accepted, there is no ground for retrial under Article 420 of the Criminal Procedure Act in the final judgment of the crime of interference with business against the Plaintiff, and thus, the lawsuit seeking confirmation of invalidity of commission against the dismissed member is unlawful as there is no benefit of confirmation

Therefore, the defendant Yangju-si accepted the defense prior to the merits and dismissed the lawsuit seeking confirmation of invalidity of the commission of this case.

2. Determination as to claims for damages against the Defendants

A. On November 30, 2012, the Plaintiff was appointed as the president of the council of occupants’ representatives of the instant apartment on November 30, 2012. 2) Defendant Yang-si constitutes an election commission from D (the president of the council of occupants’ representatives of the instant apartment) who is a resident of the instant apartment around May 12, 2014.

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