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(영문) 서울동부지방법원 2018.11.21 2018가합107136
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. On July 10, 2015, the Plaintiff is an attorney-at-law who was appointed as the manager or the acting manager of the management body of Jongno-gu Seoul Metropolitan Government (hereinafter “instant commercial building”) and was performing its duties from that time to August 9, 2016.

Defendant B is the person who was the chairperson of the representative committee of the instant shopping mall management body, and Defendant C is the general director of the instant shopping mall management council, and Defendant D is the chairperson of the said shopping mall management council.

B. On February 5, 2018, the Plaintiff sent text messages (hereinafter “the instant text messages”) to the sectional owners of the instant commercial building, including the following: “The Plaintiff’s intent to participate in the provisional disposition of suspension from office for the president B of the management body, by notifying the Plaintiff of his/her intent to participate in the provisional disposition of suspension from office,” and “the Plaintiff does not have any additional cost burden on the day to protect and protect the property and interests of the management body

C. On February 23, 2018, the Plaintiff received delegation from G and 14, among the sectional owners of the instant commercial building, and filed an application with Defendant B for suspension of performance of duties and a provisional disposition to appoint an acting representative (Seoul Central District Court 2018Kahap20277; hereinafter “related provisional disposition case”).

In the case of related provisional disposition, the plaintiff was appointed by the manager of the management body of the commercial building of this case, but the defendant B actually exercised the right to transfer the management affairs of the commercial building of this case, published a false advertisement that slanders the plaintiff who was the former manager, and renounced management expenses for some sectional owners, thereby infringing on the property of the sectional owners, and arbitrarily proceed with the resolution procedure of the representative committee, and the management expenses.

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