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(영문) 수원지방법원 2015.05.08 2014나27309
부당이득금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1. The first instance court;

Reasons

1. Facts of recognition;

A. 1) On October 9, 1998, the Defendant: (a) from Hanyang Co., Ltd., Ltd. on October 9, 1998, it is deemed to be the “instant commercial building.”

1) Of the sections for exclusive use, a store with 109 square meters in size (hereinafter “instant store”) with 14.44 square meters in size.

(2) On November 23, 2007, the Defendant purchased the instant store and completed the registration of ownership transfer under its name on November 5, 1998. The Defendant leased the instant store to AK on November 23, 2007, and AK operates the repair point of the said store “AJ” from around that time.

B. 1) The store of this case includes the current status of the commercial building of this case and the store of this case. 3.75 square meters in part 3.75 square meters in the "bbb" (hereinafter referred to as the "share of this case") connected each point of the attached sheet No. 9, 1, 2, 3, 4, 5, 6, 10, 9 among the co-owned portions exceeding the section

2) However, most of the shop occupants on the first floor of the instant commercial building are installed a wall connected from the floor to the ceiling or a partition exceeding 170 cm.

3) From July 2008, the lessee of the instant store paid a certain amount to “public land use fee” in addition to the co-ownership portion imposed on the instant store and the management expenses related to the section for exclusive use. From November 2009, the Plaintiff paid KRW 52,000 per month as public land use fee. (c) On March 22, 2013, the Plaintiff held a general meeting (hereinafter “instant general meeting”) with the Plaintiff’s election of officers, etc. on the agenda of the Plaintiff’s election of the Plaintiff (hereinafter “instant general meeting”). Although the number of members Nos. 49 and No. 52, the number of members, including H, H, and G, indicated the number of members No. 49, but it appears that the total number of members is calculated according to the number of occupants on the ground that three persons, including H, and G, are the occupants of two stores.

Among the members present, 41 members present were elected as the Chairperson.

2. However, according to the attached Table 2 attached to the meeting minutes of the instant general meeting, the Plaintiff’s .

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