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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. 사실관계 [인정근거] 다툼 없는 사실, 갑 1∽4, 6호증, 을 1호증의 각 기재, 증인 C의 일부 증언, 변론 전체의 취지 원고는 광명시 D 일원 173,430㎡에 위치한 A 아파트의 재건축정비사업 시행을 목적으로 설립된 조합이고, 2014. 2. 15. 총회에서 E을 조합장으로 선출하였으나, E에게 피선거권이 인정되기 어렵다는 이유로 그 직무집행이 정지 수원지법 안산지원 2014. 10. 2.자 2014카합91 결정 되었고, 원고의 정관 규정에 따라 상근이사 중 연장자인 C이 조합장의 직무를 대행 수원지법 2017. 4. 28. 선고 2016나61235 판결 참조 하게 되었다.
Plaintiff
On November 4, 2014, at around 00:05, the board of directors of the association appointed Defendant as a standing director while leaving C, and passed a resolution on November 8, 2014, to hold a board of representatives (hereinafter referred to as “the board of representatives of this case”) aimed at “processing items necessary for the normalization of the operation of the association”.
C On November 4, 2014, the Plaintiff and C requested an attorney F to take a provisional measure against the Defendant against the Plaintiff and C, and the court rendered a decision on November 7, 2014 on the provisional disposition that was brought accordingly, on the same ground as the attached Form, after the completion of the hearing, the court rendered a decision on November 7, 2017, 201 to accept the application of the Plaintiff and C for the reasons as indicated in the attached Form.
F) The Seoul Central District Court rendered a favorable judgment against the Plaintiff in accordance with the Seoul Central District Court Act No. 2015Da11141, which claimed payment of KRW 33 million in accordance with the delegation contract of lawsuit (3 million in advance payment of KRW 10 million).
2. Claim and summary of judgment: the Defendant, as a director of the Plaintiff Union, was aware of the fact that he/she is required to obtain additional authorization from the board of representatives in order to conduct business as a full-time officer, since he/she was well aware of the articles of association and business regulations of the Plaintiff Union.
Nevertheless, the defendant oppose C to the election of full-time directors and the board of directors.