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(영문) 서울중앙지방법원 2016.06.29 2015가단5188825
손해배상(기)
Text

1. The plaintiff's lawsuit against the defendants is dismissed in entirety.

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

Reasons

1. Basic facts

A. The relationship between the parties (1) The Plaintiff is a management body comprised of individual sectional owners of officetels with 11 to 206 households located in Gangnam-gu Seoul Metropolitan Government Group A (hereinafter “instant Condominium”)

(2) Defendant Jeongsung A&M (hereinafter “Defendant Jeongsung A&M”) is a company established for the purpose of managing facilities of a building under the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Act”) and has been in charge of managing facilities of the instant aggregate building since 2003.

(3) On February 13, 2008, Defendant Ethien Ethien Ethy’s trust management real estate investment company (hereinafter “Defendant Ethynty”) is a sectional owner whose ownership was transferred with respect to ice portion of 56.87% of the sales area of the instant aggregate building from Ethienty Korea Co., Ltd., Ltd., and the National Pension Service owns 100% shares.

(4) The Defendant Mempller Co., Ltd. (hereinafter “Defendant Mempller”) is a company whose primary business is the management of buildings and the provision of security services, and which represents Defendant Memart with respect to the management of the part of the instant condominium building (PM management).

B. (1) The conclusion of the contract on the management of the instant aggregate building is an aggregate building with 20 pieces of ground and 8 stories underground, and is divided into parking lots from 3 stories underground to 8 stories underground, 42 commercial stores from 10 stories underground to 10 stories above ground, 11 stories above ground, and officetels from 10 stories above ground, and 36.24% of the entire section for exclusive use, 56.87% of the entire section for exclusive use, and 6.89% of the entire section for exclusive use by the owners of commercial buildings.

(2) The above building is a commercial building consisting of each sectional owner of an underground second floor.

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