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(영문) 부산지방법원 2019.09.24 2019가단306013
간접강제금
Text

1. All of the primary and conjunctive claims of this case shall be dismissed.

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

Reasons

1. Basic facts

A. Defendant D Regional Housing Association Promotion Committee (hereinafter “Defendant Promotion Committee”) aims to establish a regional housing association under the Housing Act, the business site of which consists of the total size of 58,867m2 square meters in Busan Dong-gu E, Busan.

Defendant B’s partnership head of the Defendant Promotion Committee and Defendant C are each elected by auditors, and the Plaintiff is a member of the Defendant Promotion Committee.

B. (i) The Plaintiff requested the Defendant B to inspect and copy the list of union members and the materials related to securing land, but the said Defendant rejected such request, and the Plaintiff filed a criminal complaint against the said Defendant as a violation of the Housing Act.

(A) On April 25, 2019, Defendant B was sentenced to a fine of KRW 1 million due to a violation of the Housing Act (No. 2018 High Court Decision 2018Da1821). 1. The debtor should allow the creditor or his/her agent to peruse and copy (including photographs and computer diskettes) the books, documents, and computer files in the attached list at a local housing association office located on the second floor of Busan, from 09:0 to 18:00 each day for 30 days excluding holidays from the date of service of the original copy of the instant decision.

2. If the obligor does not perform the obligations under the above Paragraph 1 above, the obligor shall jointly pay to the obligees KRW 3,000,000 per day of the violation day.

3. The remaining motion of the obligee is dismissed.

4. The costs of lawsuit shall be borne by the obligor.

She also filed an application against the Defendants for provisional disposition, including the inspection and copying of partnership data, with the court 2018Kahap10539, and this court rendered a decision to allow the inspection and copying as follows on January 29, 2019.

(2) On January 30, 2019, the Defendants were served with the Defendants on or around January 30, 2019, and thereafter, the Busan District Court 2019Kahap1010 on the instant provisional disposition order.

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