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1. Of the judgment of the court of first instance, the part against the plaintiffs falling under the following order of payment shall be revoked.
Reasons
1. Basic facts
A. Defendant C Village Association (hereinafter “Defendant C Village Association”) is an organization comprised of 128 households residing in Jin-si C (hereinafter “C”) for the purpose of promoting the friendship of residents and mutual aid, and Defendant D is the chairperson of the Defendant Village Association.
Plaintiff
A is a member of the defendant Village Association who had resided in C from June 19, 1997, and has been performing his position as an auditor of the defendant Village Association from 2010 to 2012. The plaintiff B was a member of the defendant Village Association who had resided in C from December 21, 1985, and was a member of the defendant Village Association from 2010 to 2012.
B. On January 3, 2012, at a general meeting held by the Defendant Village Association for the settlement of accounts, etc. in the year 2011, the Plaintiffs and the members of the Defendant Village Association resolved to transfer the F, who had been in the position of the president of the Defendant Village Council from 2006 to 2008, to the investigation agency under the suspicion of embezzlement. The Plaintiffs filed a complaint with the investigation agency on the suspicion of embezzlement on the grounds that there is insufficient evidence against the suspicion of embezzlement by the head of the Seo-gu District Public Prosecutor’s Office in Daejeon District Public Prosecutor’s Office, and the said court dismissed the application for adjudication.
In addition, on February 14, 2013, 24 members of the defendant community association including the plaintiffs hold a general meeting under the name of the "G Elderly Association" and make a resolution to appoint the plaintiff B as the chairperson, and the plaintiff A as the auditor, and the actual Mayor accepted the report on the establishment of welfare facilities for the aged that changed the site of the C community center to the plaintiff A. The Korea Senior Citizens Association's meeting minutes were falsely prepared in the City Mayor where the Korea Senior Citizens Association was established. Therefore, the Korea Senior Citizens Association requested to cancel the report on the establishment of the above welfare facilities for the aged.