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(영문) 서울고등법원 2017.11.01 2016나2045135
손해배상(기)
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

Reasons

1. Facts of recognition;

A. The plaintiff 1) : A building in Gangnam-gu Seoul Metropolitan Government B (hereinafter referred to as the "instant aggregate building")

Of the above, the management body consisting of individual sectional owners of officetels 406 households with a total of 11-20 stories above the ground. 2) Defendant Jeongsung A&M (hereinafter “Defendant Jeongsung A&M”): A company established for the purpose of managing facilities of an aggregate building, which was in charge of managing facilities of the instant aggregate building from around 2003 to May 2014.

3) The Defendant Company, Inc., Ltd., the entrusted management real estate investment company entrusted with the management of the IndiaPS No. 1 (hereinafter “Defendant India”).

A) Around February 2008: A sectional owner whose ownership was transferred from the first to the tenth floor above the ground among the instant condominiums, and the National Pension Service owns 100% shares; 4) Amerpus Co., Ltd. (hereinafter “Defendantmerpus”): A company whose main business is to manage buildings and provide services, and on behalf of the defendant for the management (PM management) of the office part among the instant condominiums.

B. 1) The instant aggregate building is an aggregate building of the 20th and the 8th underground floor. The instant aggregate building is divided into parking lots from the 3rd to the 8th underground floor, 42 commercial stores from the 10th underground to the 10th underground floor, and officetels from the 11st to the 20th underground floor. The owners of officetels own 36.24% of the entire sections of exclusive ownership, 56.87% of the entire sections of exclusive ownership, 56.89% of the owner of the commercial building, and 6.89% of the entire sections of exclusive ownership. 2) The above building consists of “the management body of commercial buildings consisting of individual sectional owners of the 2nd underground floor and officetels consisting of individual officetels owners of the 11th to the 20th ground floor.”

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