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(영문) 수원지방법원안양지원 2019.01.10 2017가단10198
약정금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. Disputes related to the status of the chairperson of the promotion committee of Defendant B and the cost of appointing attorneys - Establishment Promotion Committee for Housing Redevelopment Improvement Project in the D apartment zone (hereinafter “Promotion Committee”) was established on August 22, 2006 with the approval of the Ansan market in order to promote housing redevelopment improvement project with the site of the E-gu as the improvement zone during the period of Ansan.

Defendant B was appointed as the first chairman of the Promotion Committee and the term of office expired on August 22, 2008, but the chairman was not appointed until the expiration of the term, and thus he continued to exercise his authority as the chairman even after the expiration of the term in accordance with the operational regulations of the Promotion Committee.

On October 22, 2008, F and C filed an application for provisional disposition of suspending the performance of their duties against Defendant B with Suwon District Court 2008Kahap554 on October 22, 2008. On December 12, 2008, the above court suspended Defendant B’s chairperson’s performance of duties and appointed attorney G as an acting representative (hereinafter “decision of preliminary disposition of suspending the performance of duties”). Upon withdrawal of the above provisional disposition on May 20, 2009, five persons, including H, among residents in the improvement zone, filed an application for provisional disposition of suspending the performance of duties against Defendant B on May 29, 2009 again with the court 2009Kahap30 on May 29, 2009. The above court appointed Defendant B’s acting representative as a lawyer on July 10, 2009.

“Determination” was made (hereinafter “decision on a provisional disposition suspending the second performance of duties”).

Defendant B, on August 20, 2009, filed an objection against a provisional disposition with K as the court 2009Kahap80 on August 20, 2009, but the above court authorized the provisional disposition order on September 30, 2009.

After that, C, who had withdrawn the application for provisional disposition of suspending the first performance of his duties in concert with Defendant B, was publicly announced on July 14, 2009 that the special general meeting will be held on August 1, 2009 while performing the act of the chairman of the Promotion Committee.

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