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(영문) 서울동부지방법원 2018.04.12 2015가합102130
건물등철거
Text

1. The plaintiff B's lawsuit is dismissed.

2. The plaintiff A's primary and conjunctive claims against the defendants.

Reasons

1. Basic facts

A. The status of the parties 1) EP Corporation (hereinafter “SH Corporation”)

) For the purpose of the alternative cost supply for K’s restoration project, five complexes, including A, N,O, P, Q, etc., were newly built by carrying out a complex shopping complex development project under the name of “M” on the ground of Songpa-gu Seoul Metropolitan L, and 40 lots. Of them, “A” (hereinafter referred to as “the instant shopping complex”).

(2) The Plaintiff A (hereinafter “Plaintiff management body”) is a management body comprised of the sectional owners of the instant shopping district pursuant to Article 23 of the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Building Act”), and the Plaintiff B (hereinafter “Plaintiff”) is a management body entrusted with the business management of the instant shopping district by the Plaintiff management body.

3) Defendant C Co., Ltd. (hereinafter referred to as “Co., Ltd.”) is omitted.

A) Of the instant commercial buildings, R, S (hereinafter referred to as “R,” and “S” are limited to “R” and “S.”

() Each ground level 1 to 7 is collectively leased to operate V department stores, etc.

) The Defendant C is R and S 7 floors on each ground (hereinafter “instant 7 floors”).

(B) Some of the stores are running restaurants. (b) The Plaintiff management body composed of the Plaintiff management body’s enactment of the management rules and the Plaintiff management body, on September 3, 2009, holds an inaugural general meeting and is subject to the first management rules of the same content as the attached first management rules (hereinafter “the management rules”).

(B) A representative committee consisting of 23 representative members elected for each commercial zone pursuant to Articles 26 and 50 of the initial management rules (hereinafter referred to as the “representative committee of the management body”).

(c) SH Corporation established a blanket lease 1 for the revitalization of the instant commercial building. Although it announced the sale of the instant commercial building to K relocated merchants from October 2008 to July 2009, the sales contract is low and the commercial zone is low.

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