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(영문) 서울남부지방법원 2016.09.09 2016고정106
업무방해등
Text

Defendant

A shall be punished by a fine for negligence of KRW 5,000,000, and by a fine of KRW 5,000,000.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

Defendant

A has served as the chairperson of the Geumcheon-gu Seoul Metropolitan Council for Residents' Representatives from April 2012 to May 2014, and Defendant B, on May 2013, who entered into an apartment management contract with the said Council for Residents' Representatives of Apartment Units for five years (State) and served as an employee of F, who entered into an apartment management contract with the said Council for Residents' Representatives of Apartment Units for five years from August 2014.

On April 24, 2014, after election by the representative of the occupant of the above apartment, the victim G requested the F to request the data related to the expenditure of the management expenses, but the rejection was made, and the management contract was requested on February 8, 2015. (State) demanded the F to request the penalty for the termination of the contract before the expiration of the contract period from the Chairperson at the time of signing the contract.

Accordingly, on February 11, 2015, the Defendants announced that “The representative meeting of the occupants who are the president of the G, was dissolved with the consent of a majority of the residents, and thus, on February 12, 2015, the Defendants would hold an urgent general meeting to elect a new representative of the occupants.”

After February 12, 2015, Defendant A, a house of Defendant A, placed the employees of service companies employed by Defendant A in front of the entrance, and then elected Defendant A as the new president.

On the other hand, Defendant B declared that Defendant A was elected as the representative of occupants. On the other hand, G et al. reported to the 112, Defendant B did not proceed properly with the meetings on the wind called by police officers.

After February 17, 2015, Defendants were dissolved with the consent of a majority of all occupants, and Defendant A became a new representative of occupants.

“Public announcement was made to the effect that “......”

Articles 16 and 17 of the above apartment management rules shall elect five representatives for each person with the consent of a majority of the occupants of each person, and shall be elected from among the representatives for each person, and the chairperson of the occupants' representative shall be determined, but at least 1/10 of the occupants shall be requested.

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