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(영문) 서울중앙지방법원 2020.11.26 2017가합587022

손해배상(기)

Text

Defendant B and C jointly share the Plaintiffs indicated in the “Plaintiff” list of the cited amount sheet in attached Form 3.

Reasons

Basic Facts

The plaintiffs, such as the status of the parties, are the sectional owners of the F commercial building in Seodaemun-gu Seoul Metropolitan Government (hereinafter referred to as the “instant building”), which is an aggregate building, and each sectional owner is the sectional owners of the attached Table 6 through 8.

The building of this case is a building newly built for the purpose of the 6th underground floor in around 2007, sales facilities of 13th above ground, apartment houses, business facilities, and education and research facilities, and the 1,644 divided stores (from underground 2 to 8th above ground) are 1,644 and the 1,000 sectional owners are 1,00 sectional owners.

The management body (hereinafter “the instant management body”) was established pursuant to the Act on the Ownership and Management of Aggregate Buildings (hereinafter “the Aggregate Buildings Act”) with all sectional owners of the instant building, including the Plaintiffs. Defendant A was appointed as the head of the management body of the instant management body on June 30, 2014 and was appointed as the temporary manager of the instant management body on March 2, 2015. Defendant E was appointed as the temporary manager of the instant management body on July 24, 2015 by the Seoul Western District Court 2015Bhap27, supra.

Defendant D worked as the secretary of the instant management body, and performed the duties of the instant management body by assisting the said temporary manager, etc.

Around July 28, 2010, the salesroom occupants and eviction G of the instant building entered into a lease agreement between H and the instant building to lease the part between the fourth and seventh floors on the ground. From that time to that time, the said part of the instant building (hereinafter referred to as the “NS”) operated the PS (hereinafter referred to as the “SS”).

G entered into a contract on August 12, 2013 on the transfer of business to I comprehensively transfer to I the entire goodwill of this case.

I was transferred from G on September 1, 2013 to seven floors above the ground of the instant building from G, and operated the instant database on January 2015.

The establishment of the Commercial Building Revitalization Promotion Committee and the building of this case.