logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2019.07.16 2018나3432
동대표지위 해임에 의한 손해배상
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. The following facts can be acknowledged in full view of the following facts: Gap evidence Nos. 1, 2, 6 through 9, Gap evidence Nos. 19, 20, 22, 32, 37, Gap evidence Nos. 39 through 43, Gap evidence No. 45, Gap evidence Nos. 59 through 64, Gap evidence No. 69, 70, Eul evidence Nos. 1, 2, 5, 5, 8, 9, and 12.

C Apartment (hereinafter referred to as the “instant apartment”) is a collective housing of 14 Dong-dong 1,541, located in Dobong-gu Seoul Metropolitan Government D.

B. On March 8, 2014, the council of occupants' representatives of the apartment of this case entered into an entrustment management agreement between the firstman E with the Securities and Exchange Co., Ltd., setting the consignment management period from March 8, 2014 to March 31, 2017, and the E Co., Ltd. assigned F to the managing director of the apartment of this case.

C. On January 1, 2015, the Plaintiff was elected as Gdong representative from the 22th election of the instant apartment building (term of office: from March 1, 2015 to February 28, 2017) by the 22th election of each Dong, and the 22th election of the instant apartment building, including the Plaintiff, consisting of nine representatives elected by each Dong. The 22th election of the instant apartment, including the Plaintiff, was elected as the president H, general directors I, technical directors J, and auditor K, respectively.

However, on June 17, 2016, H resigned from office as the representative of each Dong and the chairman of each Dong, and all members of the council of occupants' representatives and the election commission of the instant apartment from June 17, 2016 to June 21, 2016, the resignation of all members of the election commission of the instant apartment from L, M, N,O, P and P became vacant.

E. On June 24, 2016, the General Director I, and Technical Director J, who was in the position of the president acting as the president pursuant to the management rules of the apartment in this case, resigned from office as the president acting as the president. Accordingly, the Plaintiff and the other representative Q, R, K, S, I, T, and J held a council of occupants representatives on the same day and elected the Plaintiff as new president.

F. Meanwhile, in accordance with Article 15 of the Addenda to the Enforcement Decree of the Multi-Family Housing Management Act, effective August 12, 2016, the management rules of the apartment in this case.

arrow