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(영문) 서울북부지방법원 2014.05.30 2014노113
업무상배임
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal of this case agreed to complete the provisional disposition of prohibition of disposal of the real estate of this case (hereinafter referred to as "provisional disposition") on the condition that the committee for emergency response of "H" (hereinafter referred to as the "H") located in 301 (hereinafter referred to as the "real estate of this case") shall complete the provisional disposition of prohibition of disposal of this case (hereinafter referred to as "provisional disposition") on the condition that it may be cancelled with the consent of a majority of the operating committee members in the name of the 1st operating committee consisting of the member representing the organization at the time, and obtain the final approval from the general meeting of members, but since it was not possible for a separate operating committee to become a registered titleholder, the registration of establishment and provisional disposition in accordance with each of the above provisional disposition in the name of the above 1st operating committee was completed under the name of the defendants, who was the representative of the 1st operating committee.

Around December 2008, the 1st Operating Committee received a request from I to cancel the registration of provisional disposition as it is expected to return the profit from the provisional disposition cancellation to the center of this case, and discussed it as an agenda item. As a result, the resolution was passed with the consent of five majority of the total operating members, and the public notice was made to some members, but the resolution was not executed on the contrary of some members, and the term of office expired on December 31, 2008.

On the other hand, the second operating committee was organized around March 2009, and accordingly the Defendants transferred the right to collateral security on the instant real estate to the Z of the second operating committee and implemented the procedure for change of ownership.

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