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(영문) 서울중앙지방법원 2015.11.25 2014가단106180

부당이득금

Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. Atel located in Yeongdeungpo-gu Seoul Metropolitan Government and one parcel of land (hereinafter “instant officetel”) was built on the 3th underground floor, the 10th ground floor, and the 2nd floor of the rooftop as an officetel and neighborhood living facilities, and the occupancy began after obtaining approval for use from the Yeongdeungpo-gu Seoul Metropolitan Government Office on April 7, 1993.

B. On June 2, 1993, the Defendant and D, as the owner of the instant officetel, completed the registration of ownership transfer on each of the 94 units of the instant officetels, with one-half shares of each of them, respectively. Thereafter, the Defendant transferred the ownership shares of Nos. 201, 101, 101, 101, and 201 from among the instant officetels, and completed the registration of ownership transfer on January 8, 2013.

C. According to the management rules, the Plaintiff’s autonomous circuits organized pursuant to the Atel management rules (hereinafter “the instant management rules”), and the above management rules stipulate matters necessary for the purpose of maintaining and managing the building, site, and ancillary facilities of the instant officetel’s common ownership (Article 2). The occupants refer to the owner of the instant officetel’s common ownership (Article 3); the occupants have a representative meeting comprised of autonomous management organizations (Article 6); the occupant’s council comprised of occupants shall convene a meeting of the occupants (Article 6); the occupant’s meeting comprised of occupants shall convene a meeting of the occupants at least 2/3 of the occupant’s common ownership ratio, or a resolution of the representative meeting (Article 8); the council of occupants’ representatives shall be comprised of the representatives elected from among the occupants (Article 9); the council of occupants’ representatives shall be comprised of the representatives elected by the occupants (Article 11(d) with the consent of a majority or more of the occupant’s common ownership ratio (Article 11).

E on April 11, 2005, pursuant to the instant management rules, 2/3 of the total equity of 10 representatives of the representative meeting of the instant officetels occupants.