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(영문) 수원지방법원 2019.11.21 2019나66439
부당이득금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. H Sanga Management Committee is a management committee of a management body (hereinafter “instant management committee”) established under the Act on the Ownership and Management of Aggregate Buildings (hereinafter “the Aggregate Buildings Act”), consisting of all sectional owners of Honam-si H Sanga-si H (hereinafter “instant commercial building”), and the Plaintiff is elected as the president of the management body of the instant management body around September 2015 and performed its duties around that time.

B. However, the Plaintiff was convicted of a fine of KRW 1,50,000 on May 12, 2016 due to the violation of the Act on Promotion of Utilization of Information and Communications Network and Information Protection (Defamation) and insult against I and J, the former president of the instant management committee (the former president of the instant management committee), and subsequently the said judgment became final and conclusive on November 25, 2016 (the fact that the said fine was to be executed on the management expenses of the instant commercial building, and that the said fine was to be executed on the grounds that C, general, Defendant B, managing members of the instant management committee, D, E, F, and G, who were the vice presidents of the instant management committee, were at the time requested to convene an extraordinary general meeting to dismiss the Plaintiff on the grounds of abuse of official authority, but continued to be rejected.

Accordingly, on March 13, 2017, Article 25(3) of the Management Rules of the Management Committee of the Management Committee of this case provides that “When deemed necessary by the Management Members, the Management Members may convene an extraordinary general meeting, and when a request is made to convene an extraordinary general meeting with the purpose of the meeting specified by a majority of voting rights, the Chairperson of the Management Members shall convene an extraordinary general meeting for the resolution of the above agenda, and at the extraordinary general meeting held on March 28, 2017, the resolution was adopted to dismiss the plaintiff from office by the Chairperson of the Management Committee of this case with the consent of 34 members following the attendance of 38 members among the 60 sectional owners at the extraordinary general meeting held on the 28th day of

The management rules of the instant management body.

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