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(영문) 서울북부지방법원 2013.11.25 2012가단27909
손해배상(기) 등
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Judgment on the main defense of this case

A. (1) The defendant asserts to the effect that C is not a legitimate representative of the plaintiff, and that C brought the lawsuit of this case as a representative of the plaintiff, which is brought by C as a non-representative, and thus, it should be dismissed

(2) The following facts can be acknowledged in full view of the purport of the arguments in each of the statements in Gap's 1, 4, 5, 6-1, 2, 15, 18-21, 10, 10-1, 2, 11-1, 11-2, and 11-2.

① The Plaintiff is a non-corporate association established around 1999 by consisting of sectional owners of the instant commercial building for the management, etc. of A commercial building in Jung-gu Seoul Metropolitan Government D (hereinafter referred to as “instant commercial building”).

Since then, the plaintiff has played a role corresponding to the management body under Article 23 (1) of the Act on the Ownership and Management of Aggregate Buildings ("the Aggregate Buildings Act"), and the chairperson, a representative of the plaintiff, has performed a position corresponding to the manager under Article 24 (1) of the Aggregate Buildings Act.

② On April 1, 2009, E had been appointed as the president of the Plaintiff, following the Defendant. The Plaintiff changed the name on June 18, 2010 to “AAA”, and the Plaintiff continued to serve as the president on November 29, 201 and died on November 29, 201, C, a vice president, was performing the president’s duties.

③ On January 7, 2012, the Plaintiff changed the name “Amerae Conference” to “Amera,” and, according to the Plaintiff’s rules enacted on the same day, C was elected at the Plaintiff’s steering committee as the president of two-year term.

④ Part of the sectional owners of the instant commercial building filed an application against C for the provisional disposition of suspending the performance of duties as the manager of the instant commercial building by Seoul Northern District Court 2012Kahap239, and the said court on July 11, 2012, on the ground that C was not the manager appointed at the management body meeting of the management body under the Act on the Ownership and Management of Aggregate Buildings, the said court performed the duties as the manager of the instant commercial building.

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