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(영문) 서울고등법원 2016.06.29 2016나2016618
손해배상(기)
Text

1. The judgment of the court of first instance is modified as follows.

The plaintiff is excluded from Defendant G and Defendant corporation.

Reasons

1. Basic facts

A. The parties concerned are composed of 50 stores in total, and the plaintiff is the owner of the store in this case and the remaining defendants except the defendant corporation Suwon Co., Ltd. (hereinafter referred to as the "the defendant company") are the co-owner, etc. of the shop in this case who made the non-standing shop in this case to cut off the management expenses (excluding defendant G), and the defendant company is the company with the purpose of building management business, etc.

B. On June 13, 2009, an organization established by some of the sectional owners of the instant shopping malls entrusted with the management of the instant shopping mall against the Defendant Company (hereinafter “instant shopping mall”) concluded an entrustment contract for the management of the instant shopping mall with the Defendant Company from June 12, 2009 to June 11, 2014, with the terms of entrusting the management of the instant shopping mall (hereinafter “instant entrustment contract”).

C. On the other hand, among the sectional owners of the instant shopping mall, another part of the sectional owners of the instant shopping mall held an extraordinary general meeting on August 25, 201 and held a meeting of the representative of the management body of sectional owners of the L sectional ownership (hereinafter referred to as “meeting of the representative of the shopping mall”).

(1) A resolution passed on August 25, 201 to establish a corporation and to appoint its representative and operating members (hereinafter referred to as “resolution”)

On September 5, 2011, the meeting of the representative of a commercial building was held by the UN General Management Corporation (hereinafter referred to as the "Corporation") and the meeting was held by the representative of the commercial building.

(2) On September 16, 201, the representative of the commercial building, notified the Defendant company of the cancellation of the entrustment contract, and the employees of the U.S., company occupying the management office of the commercial building of this case on September 16, 201, etc., were legally entrusted with the management of the commercial building of this case.

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