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(영문) 전주지방법원 2014.07.11 2013가단6676
관리비
Text

1. The instant lawsuit shall be dismissed.

2. The costs of the lawsuit shall be borne by B;

Reasons

1. On March 12, 2009, the Defendant leased the lease deposit amount of KRW 690,000,000 and the lease term of KRW 60 months from March 24, 2009, the Defendant used the National Democratic Trade Union Federation D on June 1, 2009.

The defendant, the tenant of the commercial building of this case, is obligated to pay the management fee of the commercial building of this case to the plaintiff comprised of the tenant and tenant.

2. Determination on the defense prior to the merits

A. B asserted as the representative of the Plaintiff, a non-corporate association, as the main point of defense, is not the representative elected through legitimate procedures, and there was no legitimate resolution of the general assembly regarding the instant lawsuit. Therefore, the instant lawsuit is unlawful.

B. In full view of the overall purport of the arguments, the plaintiff held a general meeting on October 2, 2013 (hereinafter "general meeting of this case"), and 25 regular members and 19 associate members among the total number of 221 members (162 associate members and 59 associate members) of the plaintiff's general meeting of this case, and 67 associate members present at the general meeting of this case. The notice of convening the general meeting of this case includes "(1) re-election and ratification of B elected as the chairperson on October 13, 2012, (2) the approval of the lawsuit of this case, (3) the delegation of this case to B to the general meeting of this case, (4) the delegation of this case to the general meeting of this case, and (4) the delegation of this case to the above general meeting of this case, and (4) the delegation of this case to the 34) the delegation of this case to the above general meeting of this case, and (4) the delegation of this case was submitted."

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