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(영문) 서울중앙지방법원 2012.11.23 2011고단587
폭력행위등처벌에관한법률위반(공동폭행)
Text

Defendant

A and B Each fine of KRW 5,00,000, and KRW 3,000,000, and KRW 3,000,000, Defendant C, Defendant D, E, F, and G, respectively.

Reasons

Punishment of the crime

[Fact-finding] The New Building, an aggregate building in Jung-gu, Seoul, has been actually managed by the O. On September 17, 2009, theO held a meeting of the shopping complex management body and passed a resolution to appoint P as a manager at the meeting (hereinafter “the first resolution”). However, Q claimed that this resolution was null and void, and held a meeting of the shopping complex management body on October 7, 2009 with the consent of 1/5 or more of the sectional owners and voting rights and held a resolution to appoint Q as a manager at the above meeting (hereinafter “the second resolution”).

However, the first resolution was convened by an unauthorized person and was conducted at an assembly with serious defects in the convocation procedure, and it could not have the effect of the contents of P as a custodian because it did not meet the quorum necessary for the establishment of the resolution, and the second resolution could not have the effect of the content of Q as a custodian because it did not meet the quorum necessary for the establishment of the resolution.

Nevertheless, Q, asserting that it is the manager of Nrane, held a Nrane management body meeting on July 23, 2010 and passed a resolution to change the name of Nrane in and outside of R, and Nrane into S. On August 20, 2010, Q was awarded a contract for remodeling of Nrane and outside of and outside of the Republic of Korea, and made a public notice to T on August 20, 2010 to the merchants operating Nrane and carried out construction from Aug. 28, 2010, but P et al. prevented P et al. from claiming that Qua is carrying out construction without authority, and the application for provisional injunction against construction filed by P et al. was accepted by the Seoul Central District Court on December 6, 2010.

[Criminal Facts] Defendant A, around October 20, 2010, put Defendant B with the miscellaneous parts, such as at the time of a signboard that prevents P from impeding the construction work.

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