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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The defendant foundation’s relationship 1) The defendant foundation is a non-profit corporation under the Civil Act and the Act on the Establishment and Operation of Public Interest Corporations, a foundation established on August 19, 1989, for the purpose of the foundation C, established by the network D (the name of February 29, 2004), the wife of which was located in C, for the purpose of developing and developing the business of the non-profit organization B in the United States of New York, as a director having the power of representation of the defendant foundation (hereinafter “president”) on March 31, 2003, who was appointed as a director of the defendant foundation on March 31, 200, and has contributed to the promotion of Korean-style arts, and was removed from C, for the purpose of the establishment of a non-profit organization B in the Republic of Korea.
B. 1) The Defendant Foundation established the K Art Gallery (the opening ceremony on November 5, 1992, the registration of the Ministry of Culture and Sports on July 21, 1993) on real estate, which is its fundamental property, such as the Jongno-gu Seoul Jongno District Court site, and registered 130 points of C/C whites donated from D as a work of art gallery collection (the fact that the above 130 points are works donated to Defendant Foundation from D to Defendant Foundation is without dispute between the parties concerned.
(2) The Defendant Foundation and the K Art Gallery have been managing and operating the K Art Gallery in accordance with the purport of D during the period during which D is alive by keeping the said registered works in the art gallery space or displaying them in the exhibition room. D resided in the United States, and visited the United States at one time a year, or provided instructions by telephone or facsimile. After D’s death, the Plaintiff was reported by the Defendant Foundation and the K Art Gallery on the important duties of the Defendant Foundation and the K Art Gallery by telephone, etc., while entering the United States of America.
3) The works listed in the separate sheet (hereinafter referred to as “the works”).