손해배상 등
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The plaintiff's assertion
A. The Plaintiff, a corporation established for the purpose of building management, etc., entered into a management contract with D council of occupants’ representatives and Gangseo-gu Seoul Metropolitan Government D (hereinafter “instant building”) on June 2, 2009, and has automatically renewed the management contract on two occasions until June 14, 2013.
Defendant A is a person alleged as the administrator of D's council of occupants' representatives around April 2013. Defendant B is a corporation that entered into a contract with D's council of occupants' representatives on May 16, 2013 to manage the building of this case, and Defendant C is a person who actually operates Defendant B.
B. On December 15, 2012, Defendant A appointed the Plaintiff as a custodian at the extraordinary general meeting of the council of occupants’ representatives, and notified the Plaintiff of April 10, 2013 for the purpose of excluding the Plaintiff from the management of the instant building, and concluded a management contract for two years from June 15, 2013 with respect to the instant building with Defendant B and the instant building.
C. The time when Defendant A notified the Plaintiff of the termination and entered into a new management contract with Defendant B, the said extraordinary general meeting that Defendant A appointed as a manager, was filed with the Seoul Southern District Court for provisional disposition suspending the performance of duties on the ground that the said extraordinary meeting did not go through legitimate procedures.
On May 22, 2013, the above court rendered a provisional disposition suspending the performance of duties against Defendant A, and on November 14, 2013, rendered a judgment that the above special general meeting resolution was null and void. The above judgment became final and conclusive around that time.
Defendant A notified the Plaintiff of the termination of the management contract with the intent to exclude the Plaintiff from the management affairs, and entered into a new management contract with Defendant B, which is eventually null and void as a juristic act by an unqualified person. Thus, it is a tort infringing upon the Plaintiff’s contractual rights that were lawful controlled entities.
(e).