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(영문) 서울중앙지방법원 2015.11.27 2015고단3420
명예훼손
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The Defendant is the chairperson of the Jongno-gu Seoul Metropolitan Government Council for Autonomous Operation and Management of H (hereinafter “H”) in the 10th and the 11th floor sector.

H shall be composed of autonomous management councils by type of business, consisting of members belonging to the relevant floor, in accordance with the management body regulations, with a total neighborhood living facilities of a scale of 7th and 15th above ground, and a management council by type of business shall be comprised of ① underground 1,2nd management council, ② ground 1,2,3rd management council, ③ 4,5, and 6th management council by type of business, ④ 7, 8th management council, ⑤ chief management council, ⑤ chief of 9th management council, 6, chief of 10, 11th management council, 7th management council, chief of 13th management council, chief of 14th management council, and chief of 9th management council.

H Building was originally divided based on the size of approximately 5.48 square meters or about 7.67 square meters and sold a total of 2,084 Gu units in the form of “Gu unit.” The H management body rules granted membership to all the holders of “Gu units” from the second to the fifteenth floor above the ground, and recognized one voting right per Gu unit, and the decision of important matters, such as the election of the management body manager (general meeting chief), prescribed that the holders of “Gu unit” shall be determined at the general meeting of shareholders present.

The victim I used the position of the general meeting president from 2006 to 2014 as the manager of the management body, and has overall control over the affairs of the management body. The management body consists of a representative of each floor (if the chairperson of the autonomous management council by type of business takes charge only one floor, the chief of the management body and the representative of each floor, if he/she takes charge of several floors) and two auditors. Under the direction of the victim, the victim I has been in charge of all matters related to H operation, such as the management of the part other than the part of the management body by type of business, other than the part of the management body, which is in charge of the autonomous management council by type of business.

On the other hand, the management body supports the victim's operational policy in the course of managing the management body.

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