1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. A (hereinafter referred to as the “instant building”) is a main complex building with the 5th underground floor in Suwon-si, the 21st underground floor in Suwon-si and the 21st underground floor in the 21st underground floor. The 5th underground floor through the 2nd underground floor, such as parking lots, water tanks, septic tanks, etc., business facilities and neighborhood living facilities (total 74 households) from the 1st underground to the 7th underground floor, and the 8th underground floor is a cooperative room, water tank room, street and rooftop capacity, and apartment (total 64 households) from the 9th ground to the 21st underground floor.

B. Since obtaining approval for use from the competent authority on November 24, 1998, the instant building was managed by the management body comprised of representatives of occupants, etc. of the instant building. On May 4, 2015, the Plaintiff reported and obtained identification numbers as non-profit corporations that were established for the purpose of managing the apartment part of the instant building and do not engage in profit-making business. Around May 29, 2015, the “Amere Conference” was established for the purpose of managing the commercial building and officetels parts of the instant building and received identification numbers after reporting them to non-profit corporations that do not engage in profit-making business.

C. From around 1998, the management body of the instant building entrusted the management of the instant building to Korea (hereinafter “instant management contract”) from around 1998, the Defendant is an employee of the said management body and the said company, who served as the head of the instant building management office from May 6, 2004 to May 31, 2015.

As of February 8, 2017, the Defendant was convicted of a fine of KRW 3,00,000 on the criminal facts of occupational embezzlement as follows by the Suwon District Court 2016Ka6284.

[Judgment of dismissal of appeal was rendered on September 15, 2017 by a prosecutor regarding the part of innocence (the point of occupational embezzlement due to voluntary use and accumulation of retirement benefits benefits) and the prosecutor re-appeals.