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(영문) 서울고등법원 2013.10.18 2012누24704
건축허가처분취소
Text

1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff (appointed party) who falls under the above revoked part.

Reasons

1. Evidence No. 1, No. 2, No. 3-1, No. 5, No. 11-1, No. 2, No. 5, No. 11-1, No. 1-2, No. 2, No. 3-1, No. 3-4, No. 5, No. 5-1, No. 5, No. 6-1, No. 2, No. 4, No. 5, No. 5-2, No. 8-1 through No. 20, No. 24-1 through No. 516, No. 28, No. 29, No. 31-3, or No. 34-5, No. 3, or No. 7-3, No. 5-3, or No. 5-3, No. 5-3, or 1-24, No. 5-3, or 3-B.

The construction of X building and the establishment of D Co., Ltd. (1) X building is a sales facility of reinforced concrete structure (hereinafter “instant commercial building”), which is a building built of reinforced concrete structure, built on May 13, 1980 on the ground of 3,002 square meters (hereinafter “instant land”) in Jung-gu Seoul Special Metropolitan City with the third floor above the ground of the first floor above the ground in 1979.

② At the time of the construction of the instant commercial building, the owners of the instant commercial building established D Co., Ltd. (hereinafter “D”) for the management of the instant commercial building, and acquired D’s shares in accordance with the number of owned stores.

(A) A X’s building consists of the instant commercial buildings and another sales facility built on the ground of the Seoul Jung-gu, Seoul, which is adjacent to the instant land. Since the owners of the said sales facilities and the instant commercial buildings jointly establish D, if necessary, the said sales facilities and the instant commercial buildings collectively referred to as “the entire commercial buildings of this case”). (3) A shall hold a regular general meeting of shareholders in February of each year after its establishment and resolve important matters concerning the overall management of the instant commercial buildings, such as the renovation and repair of the instant commercial buildings, and it was actually operated as the management body of the instant commercial buildings of this case, such as D’s representative director and enforcement by the board

④ B was the representative director of D from July 1, 2008 to December 28, 201, and currently was the company director, and the Z is the representative director of D from December 28, 201 to December 28, 201.

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