logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2018.12.21 2018나2037176
손해배상(기)
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The facts following the facts of the foundation do not conflict between the parties, or can be acknowledged by comprehensively taking account of the whole purport of the pleadings as stated in Gap evidence 1 to 7, Gap evidence 10 to 19, Gap evidence 24, 25, Gap evidence 27 to 30, Gap evidence 54, and 55 (if any, including each number; hereinafter the same shall apply), Eul evidence 2, 3, Eul evidence 6, 7, Eul evidence 11, Eul evidence 13 to 16, and Eul evidence 13 to 16.

[1] The Plaintiff A management body of the parties (hereinafter “Plaintiff A management body”) is a management body composed of the instant building, its land site and its appurtenant facilities for the purpose of implementing the project under Article 23 of the Act on the Ownership and Management of Aggregate Buildings (hereinafter “the Aggregate Buildings Act”) with all sectional owners of “A”, which is an aggregate building composed of 7 underground floors, 23 above ground floors, 25,384 square meters in total area, 44.1 square meters in total area, 476 commercial buildings, and officetels 476 commercial buildings in Songpa-gu Seoul Metropolitan Government (hereinafter “instant building”).

Plaintiff

A Co., Ltd. (the representative: I’s son’s son. hereinafter “Plaintiff B”) is an executor who newly constructed and sold the instant building on or around June 2004, and owns the entire four commercial buildings and the 14 households of officetels (18.7% in total compared to the total 18.7%) among the instant buildings.

Plaintiff

C is a person who was appointed as the manager of the Plaintiff Management Body on October 23, 2010 as the substantial major shareholder of Plaintiff B, and was dismissed from office at the General Meeting of Management Body on December 9, 2014.

Defendant D Co., Ltd. (hereinafter “Defendant D”) entered into a management service agreement on the instant building with Defendant G, a sectional owner of the instant building on November 201, 2010, and Defendant E is its representative director.

Defendant F Co., Ltd. (hereinafter “Defendant F”) is a company established on December 28, 201 by Defendant G, etc. for the purpose of imposing and collecting management expenses from the sectional owners, etc. of the instant building.

Defendant G is the Defendant.

arrow