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(영문) 서울북부지방법원 2017.05.23 2016나3384
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

2. The plaintiff's conjunctive claim added at the trial is dismissed.

3...

Reasons

1. Facts of recognition;

A. D Housing redevelopment development and rearrangement project partnership (hereinafter “instant partnership”) is a housing redevelopment and rearrangement project partnership whose whole E unit in Gangnam-gu Seoul Metropolitan Government is a rearrangement zone, and the Plaintiff and the Defendant are members of the instant partnership.

B. At around May 2010, the Defendant organized a committee for the normalization of cooperatives (hereinafter “the instant countermeasure committee”) on the grounds of the corruption of the executive branch of the instant association, including F, which was the president of the association, and becomes the chairperson of the committee. The Plaintiff became a member of the instant countermeasure committee around October 2010.

C. On January 24, 2011, the instant Countermeasure Committee proposed a special meeting to dismiss executive officers of the instant association. Accordingly, at the special meeting held on February 9, 2011, all executive officers of the instant association were dismissed and attorneys G were appointed as the chief executive officer of the instant association (hereinafter “the first resolution”).

Samsung C&T Co., Ltd. on February 9, 201, on which the Defendant owned 1/2 shares, filed an application for a voluntary auction of real estate rent to K with the Seoul Northern District Court for the Seoul Northern District Court for the auction of real estate rent of 268 square meters, which was decided on February 10, 201.

E. Around March 19, 201, at the initiative of the instant Countermeasure Committee, the Defendant (around March 19, 201), led the Plaintiff, H, L, M, N, as a director, and the head of the association (hereinafter “the second resolution”) to appoint the Plaintiff, H, M, and N as an auditor.

F. The Defendant resigned from the president of the partnership on April 1, 201, and the Defendant and F, around April 4, 201, have delayed the transfer notification and preservation registration due to the conflict between the executive branch of the instant association and the instant Countermeasure Committee, causing damage to its members. Accordingly, in order to promptly exercise its rights, the Defendant withdraws the lawsuit, accusation and accusation between the two parties, and hold a general meeting to elect the executive officers by the end of June 201, and the F takes charge of the duties of the president of the partnership until the next executive officer is elected, while the next executive officer is elected.

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