logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2019.02.26 2018가단5125382
건물명도(인도)
Text

1. The Defendants deliver to the Plaintiff each real estate listed in the attached Table 1 list.

2. The costs of lawsuit are assessed against the Defendants.

Reasons

Unless there are special circumstances, the Defendants are obliged to deliver each real estate listed in the separate sheet No. 1 to the Plaintiff, as shown in the separate sheet No. 2, because there is no dispute between the parties as to the facts of the cause, or it can be acknowledged in full view of the overall purport of the pleading No. 1 through No. 8.

Defendant B contests the Plaintiff’s representative F’s power of representation, but pursuant to the Articles of Incorporation (A) of the Plaintiff Union’s association (A10) and Article 17(4) of the same Act, immediately suspending the Plaintiff’s qualification as an officer is limited to “where the Plaintiff was duly indicted for a criminal case related to his duties (limited to breach of trust, embezzlement, and acceptance of bribe).” In addition, there is no evidence to prove that F was prosecuted for a criminal case pertaining to the duties of the president of the association (i.e., each entry of Articles A10 and 11, it is recognized that F was indicted on the ground that it was in the position of a representative who is not an officer before the Plaintiff was elected as the president of the association and acquired money in exchange for illegal solicitation regarding his duties). However, even if the F was suspended from the F’s power of representation due to detention, according to each entry of Articles of Incorporation A10 and 12, G, an acting director, who becomes the president of the association, confirmed the performance of the instant lawsuit. Therefore, Defendant B’s defense is without merit.

Therefore, the plaintiff's claim of this case against the defendants shall be accepted in its entirety, and it is so decided as per Disposition.

arrow