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(영문) 서울중앙지방법원 2014.05.15 2013가합2851
국가배상청구권 및 특별손해배상
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff was the representative of Seongbuk-gu Seoul Metropolitan Government M apartment (hereinafter “instant apartment”) and the council of occupants’ representatives of the instant apartment (hereinafter “instant council of occupants’ representatives”).

N as an auditor of the council of occupants' representatives of this case, on August 2009, on the ground that the Plaintiff illegally executed KRW 436,150 of the management expenses of the apartment of this case without the resolution of the council of occupants' representatives of this case, N prepared and posted a written consent from the residents requesting occasional audits, and received the written consent from many of the 109 residents to dismiss the Plaintiff.

On December 4, 2009, at the special meeting of the council of occupants' representatives of this case, there was a disturbance about the issue of dismissal of the plaintiff between the plaintiff and N, and on that day police officers were dispatched to the site after receiving 112 reports, and the meeting was eventually no longer made.

After that, on December 11, 2009 and February 6, 2010, a resolution was passed at the extraordinary meeting of the council of occupants' representatives to select N as the chairperson. However, the plaintiff filed a lawsuit against the council of occupants' representatives of this case seeking confirmation of invalidity of each of the above resolutions (Seoul Central District Court 2010Gahap9072), and was awarded a favorable judgment on April 7, 201.

The above judgment became final and conclusive on February 21, 2014 as the judgment to dismiss an appeal (Seoul High Court 201Na32695) and the judgment to dismiss an appeal (Supreme Court 201Da101032).

B. In the process, the Plaintiff filed a complaint on the grounds that Defendant C and N et al. had undermined the Plaintiff’s honor or threatened the Plaintiff with the horses that were paid at the time of cleaning the apartment stairs of this case (hereinafter “the instant apartment stairs”) and the facts constituting an offense, and the court sentenced Defendant C to a judgment of conviction of a fine of KRW 1 million and a fine of KRW 3 million with respect to N (Seoul Central District Court Decision 2010Da6672), and the said judgment became final and conclusive around that time.

In addition, the plaintiff prepared and proceeded with extraordinary meetings of the council of occupants' representatives on December 4, 2009.

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