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(영문) 수원지방법원 2019.06.24 2018노8058
주택법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal was that, in order to prevent the secession and divorce of the members and those who already joined the association, the public relations officials of this case could not immediately close the membership in order to explain the reasons why the recruitment of members was suspended, the procedures for return if they wish to withdraw from the association, the future countermeasures, etc.

The employees only worked for simple guidance and explanation concerning the closure of the publicity center of this case, and did not recruit specific members.

Nevertheless, since the court below recognized that the defendant recruited union members, the court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

2. In light of the following circumstances acknowledged by the evidence duly adopted and examined by the court below, namely, the promotion center of this case operated by the defendant after June 3, 2017 when Article 11-3 of the newly established Housing Act came into force, its employees appears to have explained the location, size, etc. of the sample house and model directly to the visitors of the promotion center of this case. Such explanation constitutes the act of soliciting membership of the association members, and it is difficult to view that the act of the defendant constitutes a temporary measure to prevent the escape and confusion of the union members and those who already joined the promotion center of this case before the closure of the promotion center of this case, as alleged by the defendant. Thus, it is reasonable to view that the defendant's act constitutes an act of soliciting membership.

Therefore, the judgment of the court below is justified, and the defendant's assertion of mistake or misunderstanding of legal principles is not accepted.

3. In conclusion, the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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