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(영문) 의정부지방법원고양지원 2015.06.24 2014가단61800
손해배상청구의 소
Text

1. The Plaintiff:

A. Defendant C and E jointly share KRW 25,300,000 and each of them shall be from August 1, 2014 to the date of full payment.

Reasons

1. Facts of recognition;

A. The plaintiff is the council of occupants' representatives comprised of the representatives from 28 Dong-dong, Yongsan-gu, Busan Metropolitan City, A apartment located in F (hereinafter "the apartment of this case").

B. (1) The instant apartment election commission around July 2008 elected 19 representatives, including Defendant C, through the election of representatives from each Dong around the 10th council of occupants’ representatives (the term of office from September 1, 2008 to August 31, 2010), and the above representatives from each Dong elected Defendant C as the Plaintiff’s members at an open regular meeting on August 28, 2008.

(2) Under Articles 23(1) and 24(1) of the instant Management Rules, the council of occupants’ representatives shall make a resolution with the consent of a majority of its members, but if the total members are not secured, at least 2/3 of its members may make a resolution with the consent of a majority of its members, and in order for the plaintiff to make a valid resolution, at least 19 representatives of each Dong shall be elected. The representative of each Dong elected in the instant election is only 19 and only 19 representatives of the above elections are merely 19 and thus, it is impossible to make a resolution below

(3) Accordingly, the Plaintiff completed a special election for each Dong lawfully, such as by going through a special election procedure for the Dong where the vacancy of the representative of each Dong exists from April 20, 2009 to September 2009, G is selected as the representative of 126 unit of the instant apartment.

(4) After that, at a regular meeting on September 18, 2009, the Plaintiff submitted a resolution on dismissal of the president on the ground that Defendant C, the president of the Plaintiff, arbitrarily concluded a contract with H with the president with respect to the internal advertising of apartment buildings without a legitimate resolution of the board of directors. On September 29, 2009, G was appointed as a new president at an extraordinary meeting.

(5) Defendant C, while duly dismissed, constitutes an emergency response committee with I and Defendant B, etc., unlawfully dismissed 11 representatives of each Dong, including G, and Defendant C through an illegal special election.

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