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(영문) 서울남부지방법원 2018.04.05 2017가단209000
손해배상(기)
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 Plaintiff, an aggregate building, owned approximately 47% of the Seoul Yeongdeungpo-gu Seoul and C Ground D Building (hereinafter “instant building”), was appointed as a joint manager with E and E at the assembly of the managing body of the said building held on August 25, 2005 (hereinafter “the instant managing body”).

B. On October 5, 2005, the plaintiff, E, and F voluntarily completed the joint business registration (J) of the trade name "G" in their names on the premise that they correspond to the business operator under the Value-Added Tax Act, and upon resignation on August 16, 2006, the above business registration was corrected to the name of the plaintiff and the F business operator on the same day (the revised business registration was referred to as the "instant business registration").

As a joint manager of the building of this case, the Plaintiff and F processed the affairs such as issuance of tax invoices and reporting of value-added tax as the business registration of this case concerning the management services of aggregate buildings provided to sectional owners.

C. On May 12, 2012, the instant management body opened a management body meeting to dismiss the Plaintiff from the manager.

The Plaintiff filed a lawsuit seeking confirmation, etc. of the invalidity of the above resolution with this court 2012Gahap9332, but was sentenced to a judgment against the Plaintiff on February 7, 2013, and appealed with Seoul High Court 2013Na16956.

In the judgment rendered on March 21, 2014, the above court maintained the part of the judgment of the first instance that dismissed the plaintiff's claim for confirmation of invalidation.

The plaintiff filed a second appeal and the case continues to be in the Supreme Court No. 2014Da27562.

On May 30, 2016, F retired from the position of the manager of the instant building. The instant management body held a management body meeting on the same day and appointed the Defendant as the manager.

E. F. On June 14, 2016, the head of Yeongdeungpo-gu Tax Office changed the name of the business operator under the instant business registration to the Defendant’s sole name.

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