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(영문) 서울고등법원 2012.12.20 2008나42142
부당이득금 등
Text

1. Of the judgment of the first instance, the part against the defendant, other than the plaintiff I, shall be revoked, and the revocation thereof shall be revoked.

Reasons

1. Basic facts

A. 1) The Plaintiffs are the 6th underground floors and the 9th ground-based buildings on the Goyang-gu Seoul Metropolitan City W above (hereinafter “instant commercial buildings”).

A) A person who is or was the owner of each shop listed in the 1st Calculation Table, and the Defendant (S Co., Ltd.) was a stock company with the purpose of real estate sale and lease business, department store business, etc., and was elected as the manager of the instant commercial building in accordance with the Act on Ownership and Management of Condominium Buildings around 1998. 2) The Defendant acquired the sectional ownership of the instant commercial building after acquiring it, and is a sectional owner holding a store with more than a majority at the time of closing argument of the instant commercial building, and is also a business entity operating the “T store”

The sectionally owned stores are located from the second to the fifth above ground of the building of this case, and the sports center is located from the sixth to the nineth above ground.

B. The agreement between the plaintiffs and the defendant on January 22, 2001

1. It shall hold consultations with the commercial operating committee on all pending issues and pay 00,000 won monthly interest rate to the operating expenses of the commercial operating committee each month out of office provision and co-owned share earnings;

(F) On January 2001: Provided, That in the event that no office is provided, three million won shall be paid.

(b)

3. Management expenses and distribution expenses shall be determined as follows:

1) The new period of application is 35,000 won per 20 square meters or more per 20 square meters (20,000 won per 35,000 won per square year) shall be from January to September 2001 to September 4, 2003.

(b)

7. The above-mentioned 1.1. Distribution of the co-owned share profits does not require (or the members of the Commercial Association) 1) the Commercial Building Operation Committee consisting of the sectional owners of the store in this case including the plaintiffs (or the members of the Commercial Building Operation Committee as seen below).

B. The Defendant may repair and remodel all public charges, such as electricity, water supply and drainage, gas charges, etc., heating and cooling, expenses, parking management, cleaning, facility repair and checkup, common areas, etc. concerning the instant commercial building.

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