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(영문) 서울중앙지방법원 2013.06.13 2012가합9060

부당이득금반환

Text

1. Defendant X, AM,K, CAB, and CB are each corresponding amount to the plaintiffs' claim amount table by the annexed party and each corresponding amount.

Reasons

1. Under Article 150 of the Civil Procedure Act, each of the following facts is deemed to have been led by Defendant X, AM, BK, CA, and CB between the Plaintiffs and the Defendants. Among the Plaintiffs and the Defendants, there is no dispute between the parties between the Defendants, or between the Defendants other than Defendant X, AM, BK, CA, and CB (hereinafter “the Defendants of the instant dispute”), or by taking account of the overall purport of the pleadings in each of subparagraphs 1 through 2-1, 4-1, 4-1, 2, 1-2, 1-2, and 3-2 of evidence Nos. 1 and 1-2 of the evidence No. 1-2.

The construction of the building of this case and the establishment of the non-party company (1) the building of the non-party company (hereinafter referred to as the "building of this case") is an aggregate building constructed on the land of the CF and CG in Jung-gu Seoul, Seoul, with the first underground floor and the third floor above the ground level around 1979, the first underground floor was the common area in which the machinery room, communication room, etc. are located, and the first and third floors above the ground are 40 stores independent of the use structure.

(2) On July 9, 1979, all sectional owners who purchased a store of the instant building established CHA (hereinafter “non-party company”) for the development of CE and management of the entire building of this case. After that, all of the non-party company’s shares issued by the non-party company were acquired 8 share per one store according to the number of their shares owned.

(3) After its establishment, the non-party company held a general meeting of shareholders in February every year. The general meeting of shareholders attended the shareholders of the non-party company as shareholders of the non-party company and resolved on important matters concerning the management of the building of this case, such as approval of the preliminary settlement of accounts needed for the operation of the building of this case and renovation and repair of the building of this case. The matters so resolved were executed by

B. In order to promote the development project for the section for common use of the first floor of the instant building (1) in order to promote the improvement project of the building of this case which was 20 years after the construction of the instant building, around November 1998, and around four merchants.