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(영문) 서울고등법원 2016.01.27 2015나2023855

동의의 의사표시

Text

1. The part against Defendant C in the judgment of the first instance shall be revoked, and the plaintiff's lawsuit against Defendant C shall be dismissed.

2...

Reasons

1. Facts of recognition;

A. Status 1 of the parties ) Gangnam-gu Seoul Metropolitan Government (hereinafter “instant building”)

A) The instant building is a building of 7th underground and 18th underground. The instant building is composed of common areas, such as parking lots, electricity rooms, etc., parts of the underground 1 and 2th underground, and officetels from 18th to 4th ground, and officetels from 5th to 17th ground, respectively. (2) The Plaintiff is a management body comprised of sectional owners of the instant building pursuant to the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Building Act”). The Defendants are the owners of sections for exclusive use listed in the relevant real estate table, which are the officetels parts of the instant building.

B. Of the instant buildings, officetels part is operated and related disputes 1) Of the instant buildings, officetels part is designed and constructed in mind, with the mind that it is operated by strings (a lodging facility equipped with cooking facilities), and M Co., Ltd. (hereinafter “M”) that was the construction company of the instant building.

(2) The sales contract was concluded with respect to the instant part of the instant building, which was higher than the market price of other officetels at the time of sales, and was placed in order to make it possible to obtain operating earnings higher than that of officetels at the time of sales. The sales contract was concluded with respect to the instant part of the instant building, on the premise that the officetel part among the instant buildings would be operated as strings, and that the sales contract was concluded with respect to the instant part at the time of sales contract, and N (hereinafter “N”).

(2) From July 1, 2008 to June 30, 201, N entered into an asset management consignment agreement on the premise of the operation of Leaks, setting a three-year period from July 1, 2008 to June 30, 201. At the time of the said sales agreement and the asset management consignment agreement, several buyers entered into an agreement on the guarantee of the earnings of M and N, and 8.5% of the base annual 1st annual 8.5% of the sales price, 10% of the second year 10% of the sales price, and 12% of the third year 12% of the sales price.