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(영문) 서울중앙지방법원 2017.07.12 2016가단5061583
부당이득금
Text

1. The plaintiffs' respective claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Basic Facts

The party-related defendant is an aggregate building management body organized pursuant to the Act on Ownership and Management of Condominium Buildings with respect to G buildings (hereinafter referred to as "the aggregate building in this case") which are an aggregate building built in Gangnam-gu Seoul Metropolitan Government H and I ground.

From November 13, 2006, J Co., Ltd. (hereinafter referred to as “J”) owned and used 4 rooms listed in attached Tables 1 to 44 among the instant condominium buildings from November 13, 2006, and leased 45 units from K as the owner.

J transferred the ownership of some heading rooms to others after around 2012.

As stated in the 11th above, the transfer of ownership to another person by J on October 30, 2012, and the transfer of ownership remains before J as stated in the 25th and 26th register of the Plaintiff, such as those in the 25th and 26th register.

Since the actual ownership of each family room is not the issue of this case, it shall not be arranged separately.

Plaintiff

From June 25, 2002, F has been used by holding the head office listed in the attached Table 2 among the aggregate buildings in this case from June 25, 2002.

The defendant's bylaws stipulate that only one section for exclusive use shall have one voting right (Article 9), the majority of the general quorum shall be the majority of the majority present (Article 10(1)), and the quorum shall be the majority present (Article 17(4)).

J The Defendant filed a lawsuit seeking unpaid management expenses from November 2, 2006 to February 2, 2010 of the 44 units of the attached list 3-1 to 44 units of the J, and was sentenced to the judgment citing KRW 560,216,90, among which the Defendant filed a lawsuit seeking unpaid management expenses from November 2, 2006 to February 2, 2010, which became final and conclusive after the appeal.

(Seoul Central District Court Decision 201Gahap10704 Decided February 10, 2012, Seoul High Court Decision 2012Na26147 Decided August 30, 2012, and the next and subsequent Supreme Court Decision 2012Na26147 Decided August 30, 2012). [In the absence of any dispute] dispute, Gap 2, 4, 5 evidence, and Eul.

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