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(영문) 수원지방법원성남지원 2016.01.22 2015가단200165
손해배상(기)
Text

1. The instant lawsuit shall be dismissed.

2. The costs of the lawsuit are assessed against C who is represented by the plaintiff.

Reasons

1. Facts of recognition;

(a) Each Dong of a building A (which consists of A Dong, B Dong, C Dong, D Dong, E Dong, and Management Dong) located on the ground of Sungnam-si, Sungnam-si, D, E, F, and G is an aggregate building divided by many sectional owners.

B. A building management corporation (hereinafter “instant management corporation”) is an organization similar to a shopping mall established for the purpose of the management of building A on June 16, 2000, and was in charge of the management of building A after its establishment.

C. The Defendant, at the instant management corporation, was elected as a representative director of a building A (hereinafter “instant aggregate building”) for the term of two years (from May 1, 2012 to April 30, 2014) and was in practical charge of the management of the instant aggregate building, and the management of the instant aggregate building was continued since the former representative was not elected even after the expiration of the term of office.

On July 21, 2014, under the name of the Emergency Countermeasure Committee (H and C) comprised of at least 1/5 sectional owners of the instant aggregate building, a provisional meeting of the management body (hereinafter “the first meeting of this case”) was convened to appoint the managers, executive officers, and members of the instant aggregate building, and a resolution was made to elect C as the manager of the Plaintiff (hereinafter “the first resolution”).

E. On April 8, 2015, among the sectional owners of the instant aggregate building, the extraordinary management body meeting was convened and held in the name of 30 persons among the sectional owners of the instant aggregate building (hereinafter “the second meeting”). The said provisional management body meeting passed a resolution to elect C as the Plaintiff’s manager (hereinafter “the second resolution”).

F. Meanwhile, on July 31, 2014, the Defendant transferred KRW 89,05,475 from the deposit account under the name of the instant management corporation that keeps the management expenses, etc. of the instant condominium building to its own deposit account and currently keeps the said money.

[Reasons for Recognition] A. A. 1 to 3, 6 to 10, 13 to 15.

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