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(영문) 서울중앙지방법원 2016.08.10 2016나19724
손해배상(기)
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Basic facts

A. The status of the parties (1) The Plaintiff and the Defendants are members of G Apartment Housing Reconstruction Project Association (hereinafter “instant association”) whose project implementation district covers Seocho-gu Seoul Metropolitan Government G Apartment.

(2) The Plaintiff is an executive secretary of the legal advisory group of the instant association. The Defendants are co-chairpersons of the “integrated promotion subcommittee” formed for the integration with the neighboring housing reconstruction and improvement project association.

B. (1) The instant association held an extraordinary general meeting on May 29, 2014 to dismiss Defendant B, who was the president of the association, and held an extraordinary general meeting on July 31, 2014 to appoint H as the head of a new association.

(2) On December 9, 2014, I, a member of the instant association, held an extraordinary general meeting of the instant association and dismissed H from the president of the instant association.

(3) As Seoul Central District Court 2014Kahap81069, I et al. filed an application against H for provisional disposition seeking suspension of the performance of duties with the Seoul Central District Court 2014Kahap81069, and H filed an application against the instant union and I for provisional disposition seeking suspension of the validity of the instant union’s resolution on December 9, 2014, by Seoul Central District Court 2014Kahap81222, and H filed a lawsuit against the instant association seeking confirmation of invalidity of the resolution on the special general meeting as of December 9, 2014 by the Seoul Central District Court 2015Kahap50287.

(4) The association of this case set the retainer amount of KRW 15,00,000 (excluding value-added tax) between the law firm branch and delegated the litigation of the related case to the law firm branch, and the plaintiff made arguments in the related case as the legal representative of H separately from the law firm branch area.

C. On June 25, 2015, in the name of the Sub-Committee on the Promotion of Integration, the printed materials (hereinafter “instant printed materials”) including the following were distributed to the instant members.

a service company which is a regular or lower service;

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