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(영문) 서울서부지방법원 2015.12.11 2015가단19660
손해배상등
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The apartment building A with a scale of 561 households above the land E in Seodaemun-gu Seoul (hereinafter “instant apartment”) is a collective housing for which the project implementer commenced construction on January 22, 2007 and completed construction on December 30, 2010.

The head of Seodaemun-gu Seoul Metropolitan Government (hereinafter referred to as "Seomun-gu") approved temporary use of the apartment of this case on August 28, 2009, and approved the completion and approval of use on December 31, 2010.

B. The Plaintiff is an occupant organization organized pursuant to statutes, and the Defendant C, as the president of the first council of occupants’ representatives during the period from November 11, 2009 to November 10, 201, and Defendant D, as the president of the second council of occupants’ representatives during the period from November 11, 201 to November 10, 201.

C. On January 27, 2010, Defendant Sejong Integrated Management Co., Ltd. (hereinafter “Defendant Sejong Comprehensive Management Co., Ltd.”) concluded a contract on the consignment management of multi-family housing with the Plaintiff, and took charge of the management of multi-family housing, its incidental facilities and welfare facilities of 561 units of the instant apartment from February 1, 2010 to February 28, 2012.

Defendant B, who is employed by the Defendant Sejong General and appointed as the managing director of the apartment of this case, performed the duties of the managing director in the apartment of this case from February 1, 2010 to February 28, 2012.

E. On March 21, 2005, the apartment of this case included a 83.82m2 square meters of the area (excluding the modern kitchen, kitchen, etc.) from the time of design (hereinafter “child-care center”; “child-care center of this case”) and obtained approval of the business plan on March 21, 2005. The instant child-care center of this case was constructed as design drawings, and obtained temporary use, construction permission, and approval for use from Defendant Seodaemun-gu.

F. On June 16, 201, the Plaintiff (the first period) selected G as the operator of the instant nursery facilities through a review conducted by an examiner on June 16, 201, and concluded the first lease agreement with G on July 5, 2011 with respect to the instant nursery facilities (10 million won as operating deposit, and 500,000 won as monthly rent).

In this case.

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