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(영문) 서울고등법원 2012.02.09 2011나18040
손해배상(기)등
Text

1. The judgment of the court of first instance is modified as follows.

The defendant's "final calculation of unjust enrichment" in attached Form 1.

Reasons

1. The Plaintiffs subject to this Court’s judgment filed a claim for damages arising from unlawful acts against the Defendant and the conjunctive claim for restitution of unjust enrichment.

The first instance court dismissed the plaintiffs' primary claims and partially accepted the conjunctive claims. Accordingly, the plaintiffs and the defendant appealed, and the first instance court received part of the defendant's appeal, and dismissed the plaintiffs' appeal and the remainder of the defendant's appeal.

The defendant only appealed against the judgment of the court prior to the remand, and the court of final appeal reversed the part against the defendant regarding the claim for return of unjust enrichment among the judgment of the court prior to the remand, and remanded this part of the case to this court.

Therefore, the plaintiffs' claim for damages due to the primary claimant's illegal acts has already been finalized, and only the primary claimant's claim for the return of unjust enrichment remains the object of this court'

2. Reasons why the section for common use of the aggregate building has been allocated to the sectional owners.

A. A. A new building of I and the establishment of P Co., Ltd. (hereinafter “instant building”) are an aggregate building newly built on the third floor above the ground level above the ground level above the J and K land in Seoul, Jung-gu, Seoul, and K around 1979. At the time of the new construction, the first floor to the third floor above the ground level was composed of 400 clothing sales stores, and the first floor above the ground level was composed of common areas such as stores, parking lots, transformers, machine rooms, and communication rooms, which are the object of partitioned ownership.

On July 9, 1979, all sectional owners who purchased each shop subject to sectional ownership of the instant building (hereinafter “each of the instant sectional buildings”) established a P Co., Ltd. (hereinafter “P Co., Ltd.”) for the development of I and the management of the entire building of this case, etc. around July 9, 1979, and acquired eight shares per shop according to the number of stores under sectional ownership of the shares issued by the non-party Co., Ltd.

After the incorporation of the non-party company, the non-party company held a general meeting of shareholders in February every year, and the general meeting of shareholders.

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