logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2017.08.25 2015가합7689
대여금 등
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a company established for the purpose of housing construction business, building construction business, etc. and registered as a housing construction business entity under the Housing Act.

Defendant A is one of the sectional owners of Flue-ro E and four lots of land, namely, Flue-ro No. 105; Defendant B is Flue-ro No. 201; Defendant D is Flue-ro No. 302-1/100; Defendant C is an Flue-ro No. 302-9/100; and Defendant C is a sectional owner of each share of Flue-ro No. 302-9/100.

B. On January 21, 2015, the Plaintiff entered into a contract for construction between the Plaintiff and the Flue-based sectional owners (hereinafter “Hlue-type”) with the sectional owners of Flue-type and the Hlue-type, Seoul Central Building (hereinafter “Hlue-type”).

2) The re-building of the re-building of the re-building of the re-building of the 93 household units on the site of the re-building of the re-building of the re-building of the 93 household units with the 10 household units.

(2) The construction contract of this case (hereinafter “instant construction contract”).

(2) Defendant A, B, and C acquired ownership of 1/100 shares from July 28, 2015, following the conclusion of the instant construction contract, and thus, Defendant A, B, and C did not have any signature or seal affixed to the instant construction contract, as at the time the instant construction contract was concluded, since it was not a sectional owner under No. 302 at the time of the conclusion of the instant construction contract, and there is no sign or seal affixed to the instant construction contract. However, on June 8, 2015, Defendant A, B, and C notified the Plaintiff of the purport that the instant construction contract was revoked, along with the purport that each of the said Defendants’ share ownership was purchased.

C. The Act on the Ownership and Management of Aggregate Buildings on November 28, 2015 (hereinafter “Act on the Ownership and Management of Aggregate Buildings”) provides that each sectional owner of the Flue House and Hlue House shall be subject to the Act on the Ownership and Management of Aggregate Buildings.

A) A sectional owner’s general meeting was held for resolution on re-building. 2) The above general meeting passed a resolution on re-building with H performance and Firs together, and the re-building was inevitable.

arrow