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(영문) 대전지방법원 2019.11.20 2018가단20139
손해배상(기)
Text

1. The plaintiff's lawsuit against the defendant B shall be dismissed.

2. The plaintiff's claim against the defendant C is dismissed.

3...

Reasons

1. Basic facts

A. On November 8, 2008, the D Housing Redevelopment Improvement Project Promotion Committee (hereinafter “instant redevelopment Project”) held an inaugural general meeting to establish the association (hereinafter “instant promotion committee”) and decided to approve the draft articles of association, the draft regulations, and the draft election management regulations (hereinafter “instant promotion committee”). However, with respect to the case of appointment of the head of the association, anyone among the candidates did not obtain the majority of the members present, who were the quorum for appointment as stipulated in the articles of association, and did not appoint the head of the association.

B. On May 30, 2009, the instant promotion committee held an election for the president of the partnership again at an extraordinary general meeting for the establishment of the partnership, and Defendant B was decided as the winner. After which E filed a lawsuit against the promotion committee under the Daejeon District Court 2009Gahap8042 against the Daejeon District Court, and the said court rendered a judgment that the decision to appoint Defendant B as the elected person of the president of the partnership is invalid.

C. Meanwhile, in around 2009, Defendant B filed an application for provisional seizure of real estate with respect to the multi-family house of the fourth floor located in Daejeon District Court (hereinafter “multi-family house of this case”), which is owned by the Plaintiff, as the obligor, and as the obligor, the claim for damages for illegal acts equivalent to KRW 81.6 million, Defendant B filed a request for provisional seizure of the instant multi-family house of the fourth floor located in Daejeon District Court (hereinafter “multi-family house of this case”). On January 11, 2010, Defendant B issued a decision to provisionally seize the instant multi-family house of this case.

In addition, in around 2011, Defendant B filed an application for provisional seizure of real estate regarding the instant multi-family house with the Plaintiff as the obligor and the claimed amount of KRW 10 million with the Daejeon District Court 201Kadan5273, and the said court rendered a decision of provisional seizure of the instant multi-family house on August 24, 201.

The Defendants against the Plaintiff, etc. by Daejeon District Court 2010Gadan12163 around 2010, and Defendant B is the “instant redevelopment association” of the D Housing Redevelopment and Improvement Project Association.

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