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(영문) 서울중앙지방법원 2015.07.23 2012가합8487

부당이득금반환

Text

1. The Defendants stated in the table "amount of claim" corresponding to the annexed table 3 attached hereto to each Plaintiff, and the money so stated.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the respective entries and arguments set forth in Gap evidence 1 to 6, Eul evidence 1, 4, and 5 (including additional numbers), and the whole purport of the pleadings:

1) The construction of the building in this case and the establishment of B Co., Ltd. 1) the building in this case is the building of two aggregate buildings newly constructed on the surface of the first and third floors underground in Seoul, Jung-gu, Seoul, and E in 1979 (hereinafter referred to as the "D building in this case" according to the lot number of each site, and the building in this case is classified into two buildings, and the building in this case shall be referred to as the "the building in this case".

2) Since July 9, 1979, all sectional owners who purchased the store of the building of this case who jointly used essential facilities, such as transformation rooms, mechanical rooms, air conditioners, and air conditioners since around 200, are commercial buildings consisting of independent stores for the purpose of use. 2) All sectional owners who purchased the store of this case are "B" companies for the development of the building of this case and the management of the entire building of this case.

(3) After the establishment of the non-party company, the non-party company took over 5,170 shares of the total number of shares issued by the non-party company per one store in February of each year. The non-party company held a general meeting of shareholders in February of each year. The sectional owners of the building of this case attended the non-party company as shareholders of the non-party company and passed a resolution on important matters concerning the management of the building of this case, such as approval of the preliminary settlement of accounts and renovation and repair of the building of this case. Such a resolution was executed by the representative director and the board of directors

B. On February 5, 1999, in the course of the implementation of the development project for the section for common use of the first floor of the building of this case, the transformation room installed on the first floor of the building of this case was relocated to the rooftop, and as a result, approximately 40 square meters were generated in the section for common use of the underground floor of this case. < Amended by Presidential Decree No. 16095, Feb. 26, 1999>