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(영문) 서울고등법원 2014.12.09 2014나2010869
부당이득금
Text

1. Appeal by the Plaintiff (Counterclaim Defendant), except for the Plaintiff (Counterclaim Defendant), Future FM, Co., Ltd.).

Reasons

1. The reasoning of the court's explanation concerning this case is as follows, except for adding the following judgments to Chapter 3 of the first instance court's decision No. 20, the reasoning of this case is as follows. Thus, the court's explanation by the main text of Article 420 of the Civil Procedure Act shall be cited as it is.

[Plaintiff (Counterclaim Defendant)’s trade name before December 17, 2013, which was changed on December 17, 2013, is a future building comprehensive management company. The name before the opening of the name on August 20, 2014 of Defendant (Counterclaim Plaintiff) AX is AO; hereinafter the Plaintiff (Counterclaim Defendant) is “Plaintiffs”; and when referring together to the Defendants and Defendant (Counterclaim Plaintiff), hereinafter “Defendants”). Additional decision 2.

(a) The Act on the Ownership and Management of Aggregate Buildings is the Act on the Ownership and Management of Aggregate Buildings;

Article 3 (Section for Common Use) (1) 1. Corridors, stairs that lead to several sections for common use, and other sections for common use by all or some sectional owners in the structure of the building, the object of sectional ownership is not the sectional ownership. Article 10 (Reversion, etc. of Section for Common Use) (1) The section for common use belongs to the co-ownership of all sectional owners: Provided, That the section for common use which is obvious that only some sectional owners have made it available for

(2) The matters provided for in Articles 11 through 18 shall be determined otherwise by regulations, except as provided for in the main sentence of Article 15 (1). (1) Matters concerning the management of the section for common use shall be determined by a resolution at an ordinary meeting under Article 38 (1): Provided, That each co-owner may engage in preservation activities. (3) Matters provided for in paragraphs (1) and (2) may be determined otherwise by regulations.

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