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(영문) 서울남부지방법원 2019.08.13 2018가단240770
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. The Plaintiff is the managing body of Yeongdeungpo-gu Seoul Metropolitan Government C Superior.

On July 26, 2016, the Defendant, as the auditor, appointed the Plaintiff’s board of directors as the preparatory chairperson for the extraordinary general meeting, and held the extraordinary general meeting as of November 3, 2016.

B. 1) A majority of the owners of C upper family land, etc. shall be the C upper family market improvement project promotion committee (hereinafter “promotion committee”) to establish a market improvement project association under the Special Act on the Development of Traditional Markets and Shopping Districts to implement the market improvement project.

On September 8, 2005, the committee of promoters and the Plaintiff’s extraordinary meeting were held. The Plaintiff’s “person associate to the promotion committee” and “approval of separate management of parking lots and approval of distribution of surplus earnings” was deliberated upon at the general meeting on September 8, 2005. The head of Yeongdeungpo-gu approved the establishment of the promotion committee on November 23, 2006. (2) The Plaintiff held an extraordinary general meeting on March 29, 2007, and passed a resolution stating that “The Plaintiff delegated the promotion committee to separately manage the parking lot of the C merchant and consented to the use of parking earnings as funds for the operation of the market improvement project.”

The self-governing Code approved by the residents' general meeting of the promotion committee held on the same day included the following: "The committee shall delegate the parking lot of the C Superior to the promotion committee in separate management (establishment of a corporation), and the parking revenue shall consent to use the parking lot as the funds for the operation of

(7) 3) On December 20, 201, F, the Plaintiff’s president, was D Co., Ltd. (hereinafter “parking management company”).

(4) The parking management company is a parking management company on September 25, 2014 (hereinafter “the parking management company”). Around that time, the Plaintiff entrusted the parking management of the parking lot to the parking management company, and the parking management company managed and operated the parking lot until September 2014.

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