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The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) from January 18, 2014, as to KRW 126,036,183 and KRW 112,240,263 among them.
Reasons
With respect to a principal claim and a counterclaim, it shall be deemed together.
Basic Facts
Attached Form
An aggregate building recorded in the list (hereinafter referred to as the “instant apartment building”) is used as 5 underground floors, 15 underground floors, 61 commercial buildings from 5 underground floors to 7 floors above ground (hereinafter referred to as “instant commercial buildings”), 8 to 15 floors above ground (hereinafter referred to as “instant apartment”), but part of 4 and 5 floors above ground are used as the entrance and parking lot of the apartment.
On April 15, 2011, the Defendant won the instant commercial building 306, and purchased the instant commercial building 220 from Nonparty C on September 28, 2012.
[Reasons for Recognition] A, Gap evidence Nos. 7 and 9, and the defendant's main defense prior to the purport of the whole argument is not the management body of the aggregate building, but the plaintiff is merely the management body of the commercial building of this case, i.e., the management body of the partial common part of the aggregate building, which failed to meet the requirements set forth in the Act on the Ownership and Management of Aggregate Buildings (hereinafter "the Aggregate Buildings Act"), and thus the main lawsuit of this case is not legitimate and dismissed. However, according to each evidence Nos. 1, 3, and 4, the plaintiff was organized as members of the sectional owners of this case for the purpose of managing the commercial building of this case, and was organized as representatives by convening a general assembly and appointing representatives. Thus, regardless of whether the plaintiff is a management body under the Aggregate Buildings Act, the plaintiff has the ability to maintain the substance as a non-corporate group and have the ability to act
Since the defendant's above assertion is without merit.
The management body of the present portion of the commercial building and the apartment building of this case, which is currently managed by the plaintiff's principal claim and the defendant's counterclaim. This case is about the building of this case.