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(영문) 서울고등법원 2017.05.11 2016나2043078

손해배상(기)

Text

1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. Party status 1) The Plaintiff is a 7th underground and 20th ground D building in Jung-gu, Seoul and Jung-gu (hereinafter “instant building”).

A) Of the eight floors, a person who had been in operation of the sponsing land (F) with the trade name “F”. The eight floors of the instant building consisting of a partitioned building under subparagraphs 1 through 165, and the Plaintiff is the place of business of the instant building under subparagraphs 91 through 165 (hereinafter “instant place of business”).

(2) Defendant D Management Body (hereinafter “Defendant D Management Body”) is a management body comprised of all sectional owners under the Act on Ownership and Management of Condominium Buildings for the management and operation of the instant building and its site and its appurtenant facilities. Defendant C is a person who works as the team leader of the Defendant D Management Body, who has been in charge of affairs related to the store occupant and compost, revitalization of commercial buildings, consumer petition treatment, etc.

3) The network B (hereinafter referred to as “the network”).

(B) On October 1, 2013, the representative committee of the Defendant Management Body was elected by the sectional owners of the eightth floor of the instant building. On April 22, 2015, the Seoul Central District Court 2015Kahap190, which rendered a provisional decision to suspend the performance of duties on April 22, 2015, and thereafter died on February 17, 2017, when the instant lawsuit was brought, the Plaintiff entered into a development agreement with the deceased on January 10, 2015 with respect to the eightth floor of the instant building (hereinafter “instant development agreement”). At that time, the Defendant C affixed the seal to the instant development agreement.

Article 1 [Purpose] The Deceased (A) shall guarantee the Plaintiff (B) the exclusive development authority and the lease of the eighth floor of the instant building for five years.