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(영문) 제주지방법원 2018.11.29 2018노178
자격모용사문서작성등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, misunderstanding of the legal principles, B apartment house B (hereinafter “the apartment of this case”)’s occupant’s resolution to dismiss the Defendant in the process of performing the duties of the representative of the Cdong and the tenant representative council of the apartment of this case (hereinafter “the resolution of this case”) through the pro-con voting, the Defendant was in the position of acting as the president of the tenant representative council at the time of the instant case, and the lower court erred by misapprehending the legal principles or thereby adversely affecting the conclusion of the judgment.

B. The punishment sentenced by the lower court (an amount of KRW 3 million) is too unreasonable.

2. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court as to the assertion of misunderstanding of facts or misapprehension of the legal doctrine, the instant resolution cannot be deemed null and void. Therefore, the Defendant’s mistake of facts or misapprehension of the legal doctrine on a different premise is without merit.

① The occupants of the apartment of this case decided to hold a pro-con voting on the removal of all the representatives and executive officers in order to form a new representative meeting and to dissolve the existing representative meeting. Accordingly, the pro-con voting was held in the way of voting at the voting place (as of May 23, 2015) and visiting voting (as of May 24, 2015 to May 25, 2015). On May 26, 2015, the apartment of this case announced the result of the voting on May 26, 2015.

② As above, the Defendant was dismissed in the process of performing the duties of the president of the meeting of the representative of the C Dong and the occupants of the instant apartment in accordance with the resolution of this case, which was approved by the majority of occupants.

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