부당이득금반환
1. The plaintiff (appointed party)'s appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff (Appointed Party).
1. Basic facts
A. Status 1) The Plaintiff is a building listed in the separate sheet (hereinafter “instant commercial building”).
) The Seongbuk-gu Seoul Metropolitan Government I 3,306 square meters (hereinafter referred to as the “instant site”) on the site.
(2) The Appointor G served as the president, the representative of Defendant C, from January 2006 to December 2, 2007, 25.215/306 of the instant site; the Appointor E, the 65.875/306 shares of the instant site; the Appointor F, the 825.25/306 shares of the instant site; G, the Appointor G, the 825.04/306 shares of the instant site; and the Appointor H, the 13.89/3306 shares of the instant site; and the Appointor G, the 13.89/306 shares of the instant site, respectively.
B. The structure and use status 1) of the commercial building of this case was newly constructed around 1980 on the 1st underground floor and 5th underground floor. The use approval was obtained around May 28, 1980. 2) Of the commercial building of this case, the underground floor and 1st floor, 2nd floor and 3th floor are classified by unit room (in the case of 3rd floor, it is divided into L, M, N, O through 8 units). The 4th and 5th floor were classified by floor and registered in the collective building register, and each registration of ownership transfer was completed after each registration of ownership preservation was completed, but the section for exclusive use and common use were not divided in the register, and the co-ownership registration of the building of this case was completed only in the name of the owners of the commercial building of this case.
3) Meanwhile, around 195, the salesroom occupants engaged in repair works, including replacement of electric wires due to fire, etc. caused by excessive use of electric power, and the basement floor and the 1st and the 2nd floor among the instant commercial buildings (hereinafter “the lower floor”).
4) Each shop on the third floor among the instant commercial buildings is in the same way as before.