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(영문) 서울중앙지방법원 2018.05.31 2016가합541951
손해배상(기)
Text

1. All of the lawsuits against the Defendants by the Plaintiff A management body are dismissed.

2. Plaintiff C’s claims against the Defendants are all satisfied.

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 as stated in Gap evidence Nos. 1 through 7, 10 through 19, 24, 25, 27, 28, 29 (if any, including the serial numbers; hereinafter the same shall apply), Eul evidence Nos. 1, 2, 5, 8, 9, 13, 14, 16 through 19.

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 and 476 square meters in officetelss in Songpa-gu Seoul, Songpa-gu.

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) A sectional owner who newly constructed and sold the instant building on or around June 2004, owns 4 commercial buildings and 14 households (a total of 18.7%) among the instant buildings, as well as 14 commercial buildings (a total of 18.7%).

Plaintiff

C is a person who was appointed as a manager of the Plaintiff Management Body on October 23, 2010 as a substantial major shareholder of K and was dismissed from office at the General Meeting of Management Body on December 9, 2014.

3) Defendant D, who is a sectional owner of the instant building, is a company established on December 28, 201 with the aim of imposing and collecting management expenses for the instant building. Defendant D is an internal director of the said company and a person appointed as the manager of the Plaintiff management body at the general meeting of managing body on December 9, 2014. Defendant E is the auditor of the said company. Defendant E is the auditor of the said company. Defendant N Co., Ltd. (hereinafter “N”) entered into a management service contract for the instant building with Defendant D, etc. on November 2010, and Defendant H is its representative director, and Defendant I is the above.

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