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(영문) 서울중앙지방법원 2016.09.09 2015가단5179227
손해배상(기)
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 are apartment buildings from the 4th floor to the 10th floor above ground as a main complex building with the 10th floor above ground, which was newly constructed in around 1974, and from the 1st floor below ground to the 3rd floor above ground (the total floor area exceeds 5,000 square meters) (hereinafter “instant commercial building”). Campbam Co., Ltd. (hereinafter “cambam”) owned the instant commercial building from the time of the construction of the new commercial building, and was in fact managed the instant commercial building by designating and leasing the type of business by dividing it into several stores without registering sectional ownership.

Around July 2004, the tenant of the shopping mall of this case was trying to purchase the shopping mall of this case and carry out remodeling construction after purchasing it. The tenant of the shopping mall of this case was trying to sell the shopping mall to a third party.

Accordingly, on August 26, 2004, the inaugural general meeting was held, and the articles of association was established as follows. The prosperity aims to purchase the commercial building in this case with funds raised by tenants to sell part of the three floors of the commercial building in this case, which were used as the office of camping mileage, to a third party after remodeling work, and the investment funds received from a third party, and to purchase the commercial building in this case on August 30, 2004 and the prosperity association Article 2 (Purpose of Article 2) of the prosperity aims to carry out the following projects:

1. Project for the purchase and remodeling of commercial buildings;

2. Business of selling commercial buildings;

3. Welfare promotion projects for members;

4. Operation of consumer convenience and convenience facilities;

5. Business incidental to those as referred to in subparagraphs 1 through 4.

6. Overseas publicity and information provision of commercial buildings;

7. Mediation of disputes between merchants;

8.The qualification of a member of the Round under Article 5 (Membership) of the Tax Support shall be a person who leases a commercial building within B and who has joined the Round by meeting the following qualifications:

Article 32 (Establishment, etc. of Management and Disposal Plan) The prosperity shall expire after the purchase of commercial buildings.

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