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1. The Defendants jointly and severally liable to the Plaintiff KRW 43,728,840 and Defendant B with respect thereto from October 17, 2015, and Defendant C.
Reasons
1. The plaintiff is the council of occupants' representatives consisting of the representatives from each apartment building A, composed of 22 households, Dong-dong 1,651, Goyang-gu, Yangyang-gu.
Defendant B was elected from May 27, 2013 to May 29, 2013, and served as the Chairperson from June 2013 to April 2014. Defendant C delegated Defendant B with the eligibility to be elected as an officer of Plaintiff’s board of directors.
(At the time of the election of the chairperson, the defendant C submitted a written consent to delegate the eligibility to be the representative of each Dong to the defendant B, and the written consent states that the agent will be the legal responsibilities arising from his duties as the representative of each Dong. The plaintiff (the lawsuit instituted by the defendant B) made a decision as follows on March 9, 2015 with respect to the provisional disposition case of delivery of buildings against E and Mine Industrial Co., Ltd. which was filed by the plaintiff (the lawsuit brought by the plaintiff B as the representative). The above case was finalized around that time.
[Judgment of the court below] In light of the following circumstances (a) which can be known through the entire purpose of the examination by the parties: (i) the party’s explanation materials and the entire purpose of the examination, there are significant procedural defects; (ii) while the party’s election by the chairman of the council of occupants’ representatives by the council of occupants’ representatives by the council of normalization promotion and the Fair Election Commission, (iii) the party’s election by the chairman of the council of occupants’ representatives by the dismissal of B is determined to meet the procedure and requirements stipulated in the management rules, etc. of this case.
Therefore, from June 4, 2014 (the date when the debtor E has been elected as the chairperson) until then, the representative of the creditor is the debtor E, and the "B" cannot be deemed a legitimate representative.
1 B was elected from May 27, 2013 to May 29, 2013 as the Chairperson in the election of creditors who were implemented from May 27, 2013.
However, the election shall be held.