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(영문) 서울중앙지방법원 2019.07.04 2018나67017
손해배상(기)
Text

1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Facts of recognition;

A. Defendant B is acting as the chairman of the election commission of Gangnam-gu Seoul Metropolitan Government apartment (total of 1,020 households, hereinafter “instant apartment”) and the remaining Defendants are members of the election commission.

The election to elect the second class members of the council of occupants' representatives of the apartment of this case was held on September 8, 2016 and September 9, 2016, five representatives, including the Plaintiff (H Dong, I Dong, Kdong, Ldong, M (Ndong, P), P (P), R (Sdong), etc. among them, the Plaintiff was elected as the president of the council of occupants' representatives. From among them, U (V) was elected as the president of the council of occupants' representatives on November 2016, and W (Xdong) and Y (Zdong) were elected as representatives for each Dong around February 2017.

B. The outline of the 8th council of occupants’ representatives, which had been from October 4, 2016 to February 28, 2017 relating to the instant case, was as follows. At the council of occupants’ representatives No. 1 ( October 4, 2016), the managing director of AA (hereinafter referred to as “A”) who was a managing body of the instant apartment at the time of the said council of occupants’ representatives (hereinafter referred to as “A”) expressed the opinion that the said AC, who was appointed to the head of the instant apartment management office from October 4, 2016 to February 28, 2017, was in violation of each quorum.

The council of occupants' representatives No. 8 table 8 passed a resolution after requesting the plaintiff to leave AC prior to the deliberation on the agenda of the meeting.

On November 4, 2016, 1/5 of the total number of the agenda items for resolution, 5 of October 4, 2016, 2016, 4/9 of the members of the meeting minutes, 5 of the board of directors, 9 of the board of directors, 5 of the board of directors, 9 of the board of directors, 1 of the board of directors, 3 of the former representative of each Dong on November 24, 2016, 4 of the former representative on December 5, 2016, 10/6 of the meeting minutes, 4 of the former representative on December 10, 2016, 4 of the meeting minutes, 5 of the former representative on December 8, 2016, 4 of the meeting minutes, such as re-revision of the facility installation management rules, and the number of former representatives on December 19, 2017.

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