logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2015.11.19 2013나13612
대여금 등
Text

1. Of the judgment of the court of first instance, the part of the claim is modified as follows.

The defendant is limited to KRW 29 million for the plaintiff.

Reasons

1. The description of evidence 1, 16, 21, and 23, Eul evidence 1 through 4 (including the singing number, if any; hereinafter the same shall apply) and the purport of the whole oral argument

A. Although registration of preservation of ownership was made on part of the above above-ground B commercial buildings (hereinafter “instant commercial buildings”) located in Jung-gu Seoul and 15 parcels (hereinafter “instant land”), registration of preservation of ownership was not made on the remainder, and owners of the instant commercial buildings exercise their rights to the instant commercial buildings in proportion to their share of land.

B. The Defendant is an unincorporated association consisting of the instant land and the instant shopping district owners, and upon delegation of the right to manage the instant shopping district owned by its members, handles the balance obtained by subtracting the Defendant’s operating expenses from the rent received, among the rent for the facility management, lease, and sub-lease contract, and the rent received thereby, to the members.

C. The defendant's articles of incorporation are as follows.

- The owners of the instant site and the instant commercial building who have completed their membership as prescribed by this time shall be members (Article 4). - The General Assembly shall resolve on important matters concerning the management and operation of buildings, stores, various facilities, and other public property.

(Article 12 subparagraph 4). - Ownership shares shall be at least 10 square meters as ex officio directors.

The composition of the board of directors shall not exceed eight persons, including ex officio directors.

(Article XIII(1)(2) - The revenue of the plenary session shall consist of membership fees and other miscellaneous income.

(Art. 26. 1, 26. - The allocation of charges and profits to members shall be distributed in proportion to the area of the property owned.

(Article 27) . - The defendant shall collect the rent, and if the lessee fails to pay the rent, he/she may issue a warning, suspension of payment, termination, etc. according to the period, and impose the amount of arrears determined by the resolution of the board of directors on the unpaid store

(Article 28(1), (2), (d).

Accordingly, it.

arrow