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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 is a non-corporate group consisting of co-owners of B-4 through 6 (hereinafter “instant commercial buildings”) as one of the management councils by business sector under the control group consisting of the entire sectional owners and equity owners of B-B commercial buildings in Jongno-gu Seoul. On August 29, 2006, the Plaintiff is one of the Defendant’s members who acquired the co-ownership share of shares of the 4th and 315/3,151 shares of the 4th and 18,216/21,762 shares among the instant commercial buildings.
B. The Defendant entrusted D Co., Ltd. (former trade name: E Co., Ltd.; hereinafter “D”) with the management and operation of the instant commercial building from around 2001 to May 2006, and D continued deficit occurred due to the factory room of the instant commercial building and its operation was difficult.
Accordingly, the defendant requested its members to lend 4 million won each to D in order to revitalize commercial buildings at around 2002. At that time, 122 persons including F, a member of the defendant's affiliated organizations (including partial overlapping personnel; hereinafter "F, etc.") including 122 persons were lent 300 to 4 million won each in D from March 2002 to May 200.
However, D was declared bankrupt on March 27, 2006 by Seoul Central District Court 2005Hahap49.
C. Meanwhile, from July 2007 to 122, the Defendant began to distribute some of the rent revenues received by leasing the instant commercial building from F, etc., and on March 30, 2008, the Defendant held a general meeting of shareholders and passed a resolution with the consent of the majority on the agenda of ratification of the distribution of rent revenues (hereinafter “the instant resolution”), and then paid a total of KRW 300 to 122 persons, including F, for each of them until August 2010.
However, the Plaintiff was not included in the distribution of the above rental income.
B Article 55 of the rules of the management body is stipulated as follows by the resolution of the general meeting of the management body by industry.
Article 55 (Matters for Decision) (1) The general meeting of management councils by industry shall be specially resolved by the rules.