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(영문) 서울중앙지방법원 2017.09.28 2015가합553087
손해배상 등 청구의 소
Text

1. The plaintiff (Counterclaim defendant) is classified into the defendant (Counterclaim plaintiff) A management body (other cost2) attached Table 3 by the plaintiff.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The Plaintiffs are sectional owners of the 6th underground floor and the 11th underground floor above the 7th underground floor, such as Seoul Jung-gu, Seoul, and the 11th underground floor of the building (hereinafter “instant commercial building”).

The defendant management body is a management body formed as a sectional owner of the whole commercial building of this case under the Act on the Ownership and Management of Aggregate Buildings (hereinafter referred to as the "Aggregate Buildings Act"), and the employees of defendant B and C are the employees of the defendant management body.

The proposal of the defendant management body is

The Defendant management body for the integrated lease of this case’s brand E on the first-fourthth of the commercial building in this case’s brand E, the first-class and second-class underground, telecommunications equipment companies, and the fifth and sixth-class food and beverage companies on March 24, 201 for the purpose of attracting food and beverage companies on the fifth and sixth-class underground.

Between Esti Co., Ltd. and Esti (hereinafter referred to as “Esti”) entered into an integrated lease agreement with the content that leases six floors above the ground level from the second floor of the commercial building of this case.

No.

On March 15, 2011, E.S. entered into a sub-lease contract with F Co., Ltd. on the first and fourth floors of the instant commercial building, and on December 29, 2011, E.S. G Co. (hereinafter “G”) entered into a sub-lease contract with the effect that sub-leases of the first, second, fifth, and sixth floors of the instant commercial building are sub-leases to G Co., Ltd. (hereinafter “G”).

On the other hand, on August 24, 201, upon Plaintiff H et al.’s application, there was a decision to suspend the performance of duties (this Court 201Kahap499) to the administrator I of Defendant management body on August 24, 201, and on October 11, 201, J attorney-at-law was appointed as a temporary administrator (this Court 201 non-conforming21, 223) and resigned on November 14, 2012.

Since then on September 10, 2013, K was appointed as the administrator of the Defendant managing body.

(Seoul High Court Decision 2012Ra739). The Plaintiffs leased L by the Plaintiff management body constituted a separate management body for the first underground floor of the instant commercial building (hereinafter “Plaintiff management body”) and concluded a lease contract for the first underground floor with a third party. The Plaintiff management body is the proposal of the Defendant management body.

With respect to Masti.

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