beta
(영문) 서울중앙지방법원 2013.06.13 2012가합9053

부당이득금반환

Text

1. Defendant AC, AR, and AS shall be paid to the Plaintiffs each corresponding amount of money in the list of claims by each party in the attached Form and each corresponding amount.

Reasons

1. The following facts are deemed to have been led to the confession of Defendant AC, AR, and AS pursuant to Article 150 of the Civil Procedure Act between the Plaintiffs and Defendant AC, AR, and AS. Among the Plaintiffs and the Defendants, there is no dispute between the parties, or between the Defendants and the remaining Defendants except the Defendant AC, AR, and AS (hereinafter “the Defendants of the instant dispute”), with the overall purport of the pleadings as a whole.

The construction of the building of this case and the establishment of the non-party company (1) AV building (hereinafter referred to as the "building of this case") is an aggregate building constructed on the AW and AX level ground of Seoul, Jung-gu, Seoul, and AV scale with the first underground floor and the third floor above ground level around 1979, the first underground floor was the common area in which machinery rooms, communication rooms, etc. are located, and the first and third floors above ground are located with 40 independent stores for the use structure.

(2) On July 9, 1979, all sectional owners who purchased a store of the instant building established AY market for the development of the AY market and the management of the entire building of this case. After that, eight shares issued by the non-party company (hereinafter referred to as the "non-party company") were acquired at one shop according to the number of shares owned by the non-party company.

(3) After its establishment, the non-party company held a general meeting of shareholders in February every year. The general meeting of shareholders attended the shareholders of the non-party company as shareholders of the non-party company and resolved on important matters concerning the management of the building of this case, such as approval of the preliminary settlement of accounts needed for the operation of the building of this case and renovation and repair of the building of this case. The matters so resolved were executed by

B. In order to promote the development project for the section for common use of the first floor of the instant building (1) in order to promote the improvement project of the building of this case which was 20 years after the construction of the instant building, around November 1998, and around four merchants.