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(영문) 서울중앙지방법원 2018.05.31 2016가합541944
손해배상(기)
Text

1. The lawsuit of this case against the Defendants of the Plaintiff A management body is dismissed.

2. Plaintiff B and C’s Defendants

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 1 through 7, 10 through 19, 24, 25, 27 through 30 (if any, including each number; hereinafter the same shall apply) and Eul evidence Nos. 2, 3, 6, 7, 11, 13 through 16:

1) Status of the parties 1) Plaintiff A Management Body (hereinafter “Plaintiff Management Body”)

(A) The term “A” (hereinafter referred to as the “instant building”) is an aggregate building consisting of 7 underground floors, 23 above ground floors, 25,384.11 square meters in total area in Songpa-gu Seoul, Songpa-gu, and 476 square meters in officetelss.

The Act on the Ownership and Management of Aggregate Buildings (hereinafter referred to as the “Act on the Ownership and Management of Aggregate Buildings”) consisting of all sectional owners.

2) The Plaintiff Co., Ltd. (the representative director: Plaintiff C’s son; hereinafter “Plaintiff B”) is a co-owner who newly constructed and sold the instant building on or around June 2004, and owns the entire four floors of the instant building and the 14 households of officetels (a total of 18.7%) among the instant buildings.

3) Plaintiff C was the de facto major shareholder of Plaintiff B, and was appointed as the manager of Plaintiff management body on October 23, 2010, and was dismissed from office at the general meeting of management body on December 9, 2014. 4) Defendant D Co., Ltd. (hereinafter “Defendant D”) entered into a management service contract regarding the instant building with Defendant G, etc. on November 201, 201, and Defendant E is its representative director.

5) Defendant F Co., Ltd. (hereinafter “Defendant F”)

(6) Defendant G is a company established on December 28, 201 for the purpose of imposing and collecting management expenses from the sectional owners, etc. of the instant building. Defendant G is an internal director of Defendant F and an internal director of the management body on December 9, 2014.

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