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(영문) 수원지방법원 2018.04.12 2017나76012
부당이득금반환
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Basic facts

A. 1) The Plaintiff is a sectional owner who owns 501 units of the 3rd Condominium-gu, Ansan-si, Ansan-si, the Plaintiff is an organization consisting of sectional owners and occupants of the instant building. 2) The Defendant enacted the management rules to manage the instant building, and constituted a representative committee to deal with matters concerning the management of the instant building.

B. 1) D was the chairman of the Defendant Representative Committee, and E was elected on May 26, 2014 as the 20th president of the Defendant Representative Committee (the term of office from June 1, 2014 to May 30, 2015). 2) D received from some occupants of the instant building on May 4, 2015 a written notice of dismissal from the 20 representative committee’s officers, and held the Defendant General Assembly on May 21, 2015, and the said general meeting passed a resolution to select D as the chairman of the 21st representative committee.

3) Meanwhile, on May 29, 2015, E also held a separate meeting of the Defendant on the other hand, and the general meeting elected E as the president of the 21st Representative Committee and passed a resolution to select the Plaintiff as the vice president. 4) D applied for a provisional disposition seeking the suspension of performance of duties against the Plaintiff, E, etc. under Suwon District Court’s Ansan Branch 2015Kahap1077. On December 1, 2015, the said court rendered a decision to the effect that “E shall not perform duties as the president of the Defendant Representative Committee, the Plaintiff shall not perform duties as the vice president of the Defendant Representative Committee, and the attorney F as the representative director of the Defendant Representative Committee during the suspension period of performance of duties as the representative director of the Defendant Representative Committee.”

C. The Plaintiff’s management fee payment 1) The Plaintiff’s representative committee entrusted with the management of the instant building by the Defendant’s representative committee (hereinafter “the Plaintiff”).

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