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(영문) 서울고등법원 2019.12.05 2019나2004838
손해배상(기)
Text

1. The plaintiff's appeal and the plaintiff's main claim added by this court are all dismissed.

2. Appeal;

Reasons

1. Basic facts

A. On December 24, 2002, the Defendant is entitled to the housing reconstruction improvement project (hereinafter “instant project”) at the area of 7,900.80 square meters in Jongno-gu Seoul Metropolitan Government, Jongno-gu C, Seoul on December 24, 2002.

In order to implement the project, the Plaintiff is a reconstruction improvement project association established with the approval from the head of the Seoul Special Metropolitan City head of the Gu in accordance with the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents. 2) However, the Plaintiff’s sibling was not the Defendant’s member, but is the Defendant’s standing adviser from the Defendant’s inaugural general meeting to January 24, 2008.

B. The contents of the Defendant’s general meeting resolution related to the Plaintiff’s compensation and the Plaintiff’s resignation 1) The Defendant passed the 5th agenda from the 18th extraordinary general meeting held on September 16, 2003 to the full number of 39 participants at the 18th general meeting, where “the compensation scheme for the performance of partnership affairs by the president of the partnership and the Plaintiff’s association” was passed. The content of the resolution is that “in the event that the head of the D association and the Plaintiff faithfully implement the procedures for the protection of the property rights of association members and all the administrative procedures until the completion of the instant project, etc., one household among the persons designated by the president of the association and the Plaintiff’s withholding facilities (32 square-ro) shall be free of charge (hereinafter “the resolution of September 16, 2003”).”

(2) On September 19, 2003, the 19th meeting of the 19th meeting held on September 19, 2003, the Defendant’s board of representatives passed a resolution with the consent of 9 members who participated in the 5th meeting of the 18th special meeting with the consent of 9. The contents of the resolution are as follows: “The D Association head and the Plaintiff shall have the right to property of the members until the completion of the instant project, and the Plaintiff shall have the right to compensate if they faithfully perform all the administrative procedures.”

3) The Defendant intended to re-be appointed as the contractor of the instant project as E (hereinafter “E”).

Subject to the re-election of construction works.

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