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(영문) 수원지방법원성남지원 2015.06.05 2013가합8935

손해배상

Text

1. The Defendant (Counterclaim Defendant) Co., Ltd. (Counterclaim Defendant) and the Plaintiff (Counterclaim Defendant) Co., Ltd. (Counterclaim Defendant).

Reasons

1. Basic facts

A. 1) The current status of D market buildings 1) D market is 5,352 square meters and one unit of an aggregate building on the land in Seongbuk-gu, Seongbuk-gu, Seongbuk-gu and the land of the D market (hereinafter “instant market building”).

2) As to the above F miscellaneous land 1,475 m2 and one unit of an aggregate building on its ground (hereinafter “instant parking building”).

2) The instant parking building consisting of two parts (hereinafter “instant market building”) and “the instant parking building” are “the instant D market building.”

2) 2) The market building of this case is the size of the 3rd underground and the 3rd underground as the machine room for the 4th underground and the 2nd underground as the parking lot for the 1st underground and the 4th underground to the retail market for the 4th underground.

The market building of this case consists of five sections for exclusive use (No. 01, No. 01, No. 01, No. 201, No. 01, No. 301, and No. 41, and No. 01 of the third floor) for each floor from the first floor to the fourth floor above the ground. As of July 12, 2012, the Plaintiff Company, as of July 12, 2012, shares of 342.4/93.06 of the sectional ownership of the first floor; the Plaintiff Company, as of June 25, 2013, shares of 239.708/93.076 of the sectional ownership of the second floor; the Plaintiff Company, as of June 25, 2013, shares of 342.4/993.076 of the sectional ownership of the first floor; and the Plaintiff Company, as of June 26, 2013, shares of 1st floor.

3) The first floor of the instant market building (hereinafter “first floor”).

(B) On December 13, 2012, G leased and used the pertinent Dmarket building management 1) The sectional owners and co-owners of the instant parking building and the instant parking building set up the “D Market Management Steering Committee”, which is the integrated management body, as a representative of the said integrated management body. On December 12, 2008, H resolved to appoint H as the representative of the said integrated management body, and H thereafter worked as the chairman (manager) of the entire Dmarket building of this case.

2. The co-owners and co-owners of the instant market building and the instant parking lot building were integrated on November 27, 2009.