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(영문) 서울중앙지방법원 2020.06.18 2018가합537185
기타(금전)
Text

1. The plaintiff's primary and conjunctive claims are all dismissed.

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

Reasons

1. Basic facts

A. The relationship 1) The Plaintiff is an aggregate building D, which is an aggregate building on the ground C in Jung-gu Seoul Metropolitan Government (hereinafter “instant commercial building”).

2) Under Article 23 of the Act on the Ownership and Management of Aggregate Buildings, the Defendant is a management body established for the purpose of carrying out the project on the management of the instant commercial building, its site and its accessory facilities, with all sectional owners of the instant commercial building as members, pursuant to Article 23 of the Act on the Ownership and Management of Aggregate Buildings (hereinafter referred to as the “Aggregate Buildings Act”).

B. 1) The instant commercial building is a neighborhood living facility consisting of the 2nd basement and the 8th floor above the ground, and the total area of the section for exclusive use of the instant commercial building is 1931.4m2) The outer store located in the outer size of the instant commercial building, which is installed in the outer size of the instant commercial building, is H through I, Jhoho, K, money exchange stations, and the parking lot of the instant commercial building, and the rooftop of the instant commercial building constitutes the section for common use of the instant commercial building.

(hereinafter the above stores, parking lots, and rooftops are referred to as the “instant common areas”).

1) The Seoul Central District Court 2013Gahap61683 case brought against the Defendant (the Plaintiff’s representative) by some sectional owners of the instant commercial building (hereinafter “the instant case”) regarding the distribution of earnings accrued from the common area (hereinafter “the instant lawsuit”).

(A) From June 19, 2014, the judgment of appellant was rendered on June 19, 2014. Of the contents stated in the reasoning of the above judgment, the part relating to the instant case is as follows. (A) The profits earned by the Defendant with respect to the instant common areas from January 1, 2009 to the end of December 2013 are as follows:

(1) The total amount of profit from the rent of the outer shop (H through I, J, K, money exchange, cargo parking lot, etc.): 904,744,50 won (2) the total amount of profit from the rooftop rent of the instant commercial building: 102,410,00 won (3): the total amount of profit from the parking lot of the instant commercial building: 330,557,317 won (4): 1,337,71,817 won (4): the Defendant’s profit.

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