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(영문) 창원지방법원 마산지원 2021.03.18 2020가단639
손해배상
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The parties concerned are the chairperson of the group of senior citizens' families within the interest complex for the residents of the apartment complex B in Changwon-si, Yongsan-si (hereinafter "the apartment of this case"), and the defendant is the representative meeting of the occupants of the apartment of this case.

The parties D (Plaintiffs in the instant case) to the instant case, which is related to the instant case, is a member of a group within the elderly household in which the resident is himself/herself.

B. On April 26, 2018, the Plaintiff, along with D, drafted a written reason for dismissal and a written consent of dismissal in order to request the Election Management Committee to dismiss the Plaintiff on the ground that the Defendant’s representative by Dong violated the apartment management statutes and management regulations.

2) On July 19, 2018, the Defendant made the following disciplinary resolution against the Plaintiff (hereinafter “the first disciplinary resolution”), and notified the Plaintiff on July 26, 2018.

The penal provisions of Article 86 of the Management Rules, which the Defendant incurred on the ground of disciplinary action, are amended on June 22, 2018.

[1] Resolution on Disciplinary Action】

1. Period of restriction on access to a shared space 100,000 won/per 2: The details of restriction on access from July 26, 2018 to October 25, 2018 (3 months): The elderly administration, guard room, management office, restriction on access to parking lots, and suspension of management support;

2. Grounds for disciplinary action: Violation of Article 55(1)2 (a) (ii) of the Management Rules on April 26, 2018.

3. Grounds: Article 86(3) of the Management Rules provides that on November 22, 2018, the Defendant made the following additional disciplinary resolution against the Plaintiff on the ground that the Plaintiff failed to implement the restriction on access to the shared space (hereinafter “the second disciplinary resolution”).

The second disciplinary resolution was based on the reason that the plaintiff violated the first disciplinary resolution without implementing the second disciplinary action.

[2] Resolution on the Second Disciplinary Action]

1. Details of disciplinary measures: Restriction on access to shared spaces: The details of the restriction on access of older persons, security room, management office, and parking lots from December 1, 2018 to May 31, 2019 (6 months): Restriction on access to older persons;

2. The plaintiff's entrance to the elderly's family.

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