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(영문) 광주지방법원 2014.11.28 2014나6196
손해배상(기)
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. Disputes 1) C, D, E, F, G, H, I, J, and K between each council of occupants’ representatives are Seo-gu, Gwangju (hereinafter “instant apartment”).

The council of occupants' representatives (hereinafter referred to as "the first council of occupants' representatives") shall be elected as the Dong representative of each apartment of this case, the term of office of which is from June 1, 2008 to May 31, 2010.

A) Around June 1, 2008, the F was elected as the president of the council of occupants’ representatives. 2) On August 20, 2009, the “L funeral hall” in front of the instant apartment house was organized by the occupants, etc. who obtained permission to change the purpose of use to the funeral hall on or around August 20, 2009, and on September 15, 2009, the Committee for Promotion of Emergency Countermeasures (hereinafter “Emergency Countermeasures Promotion”) occupied the Defendant as the chairman.

3) The Emergency Countermeasures Promotion Committee criticized the members of the first council of occupants' representatives as passive in the campaign against the permission for funeral rites, causing conflicts with the first council of occupants' representatives, and under this circumstance, F resigned from office as the chairperson of the first council of occupants' representatives on October 16, 2009, and C, which was the largest one of the executive officers of the Management Vice-Chairperson pursuant to the provisions of the apartment management rules of this case, was acting for the chairperson. However, the Emergency Countermeasures Promotion Committee held a residents' general meeting on October 26, 2009 and held a first council of occupants' representatives and elected the defendant as the chairperson of the council of occupants' representatives. Since then, 15 representatives including the defendant, were elected by holding a new representative election, such as the publication of registration of the candidates for each Dong as the main body of the Emergency Countermeasures Committee, and then the latter was elected additionally.

5) In addition, the new 15 representatives are the council of occupants' representatives (hereinafter referred to as "the 2nd council of occupants' representatives") with some of the existing representatives.

The defendant was organized, and on November 19, 2009, at the 2nd general meeting of the council of occupants' representatives, the council of occupants' representatives.

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