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(영문) 서울북부지방법원 2014.12.16 2013나8449
손해배상(기) 등
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. Judgment on the main defense of this case

A. As to the instant lawsuit seeking compensation for damages by asserting that the Plaintiff had inflicted damage on the Plaintiff as an occupational embezzlement or breach of trust while the Defendant served as the representative of the Plaintiff Association, the Defendant asserts that the instant lawsuit brought by C as the representative of the Plaintiff Association is not a legitimate representative of the Plaintiff, and that the lawsuit brought by C as the representative of the Plaintiff Association shall be dismissed in an unlawful manner as it is filed by the non-representative of the power of representation. 2) The following facts may be acknowledged in full view of the following facts in light of the following facts: (i) the facts of recognition: (ii) the entry of the instant lawsuit brought by C as the representative of the Plaintiff Association; and (iii) the entry of the evidence Nos. 1, 4 through 6, 15, 18 through 21, 2, 10, 11 (including all the serial numbers); and (iv) the purport of the entire pleadings and arguments of the written evidence No. 1, 2, 2, 11, and 11,

A) On April 1, 2009, E was a non-corporate association established by consisting of sectional owners of the instant commercial building in order to manage the building. (b) On April 1, 2009, E was appointed as the president of the Plaintiff prosperity. The Plaintiff prosperity changed the name on June 18, 2010 to “A shopping mall.” On November 29, 201, E continued to serve as the president and died, and C was the vice president at the time of death.

C) On January 7, 2012, the Plaintiff Association changed the name of the “A shopping mall,” and elected C at the Steering Committee of the Plaintiff prosperity as the president for a two-year term, pursuant to the rules of the Plaintiff prosperity established on the same day. D) A part of the sectional owners of the instant shopping mall against C, who filed an application for a provisional disposition of suspending the performance of duties as the manager of the instant shopping mall, with Seoul Northern District Court 2012Kahap239, and the said court on July 11, 2012, did not constitute a manager appointed at the Managing Committee under the Act on the Ownership and Management of Aggregate Buildings.

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