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(영문) 의정부지방법원고양지원 2013.07.26 2011가합11252

채무부존재확인

Text

1. Each of the plaintiffs' 30,000,000 Won for the defendant does not exist.

Reasons

1. Basic facts

A. The Plaintiffs are the owners of each sectional stores listed in the attached Table among the 6th underground floors above the Y ground and the 9th ground-based buildings (hereinafter “instant commercial buildings”), Gyeyang-gu, Yangyang-gu, Yangyang-si, and the Defendant is a stock company with the purpose of real estate sale and lease, department store business, etc.

B. In around 198, the Defendant: (a) owned, leased, and operated a department store discount store with the trade name, the majority of the divided stores other than the part of the instant commercial buildings; (b) as the operation of the instant commercial building was activated, the owner of the divided stores voluntarily operates the store or (hereinafter referred to as “self-employed owner”; and (c) leased the separate stores to a third party who pays rent higher than the Defendant (hereinafter referred to as “self-owned store”) and operated the store (hereinafter referred to as “individual lessee”; and (d) started individual businesses without the control of the “Zrified store” (hereinafter referred to as “individual leased stores”); and (e) the number of the divided stores operated in the above form starting from 1209 to 209 to 109 to 200 to 199 to 20 to 20 to 209 to 20 to 20 to 20 to 20 to 319 to 20 to 20 to 310 to 20 to m.

C. From the time the Defendant started to extract the instant commercial building, it became difficult to attract customers of the instant commercial building. Accordingly, in May 2009, most owners of the instant commercial building sectional ownership associations (hereinafter “the instant federation”) were organized and consulted with the Defendant on the point of re-entry into the instant commercial building by the Defendant. In the process of the said consultation, the Defendant is “(i) most of the divided stores among the instant commercial buildings”.