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1. All appeals by the defendant against the plaintiffs are dismissed.
2. The costs of appeal shall be borne by the Defendant.
purport, purport, and.
Reasons
1. Basic facts
A. (i) The Plaintiffs are the sectional owners of the separate stores indicated in the “Separate Ownership (story/No. 1)” column of the “Separate Ownership” sheet for calculation of earnings by Plaintiff 1, which is located in AW Commercial Building (hereinafter “instant commercial Building”), an aggregate building located on the ground of Annex AS in Seoul Jung-gu, Seoul.
See The defendant is a management body established for the purpose of implementing the project on the management of the commercial buildings in this case and their sites and facilities with all sectional owners of the commercial buildings in this case as members pursuant to Article 23 of the Act on the Ownership and Management of Aggregate Buildings (hereinafter referred to as the "Aggregate Buildings Act").
B. (i) The instant commercial building is a neighborhood living facility composed of the two floors underground and eight floors above the ground, and the sum of the area of exclusive ownership in the instant commercial building’s divided ownership is 1931.4m2.
Luxembourg The parking lot of the store, the store of this case, which is set up in the outermost of the commercial building of this case, and the parking lot of the store of this case and the commercial building of this case, and the rooftop of the commercial building of this case constitutes the common area of the commercial building of this case.
(hereinafter the above stores, parking lots, and rooftops are referred to as the “instant common areas”).
The profit (i) accrued from the instant section for common use from January 1, 2009 to December 31, 2013 from the instant section for common use is KRW 1,425,812,317 as shown in the revenue statement of the Section for common use in attached Table 2, and the details thereof are as listed in attached Table 4-1 to 4-14.
See The above earnings were deposited into the account in the name of AT corporation established by the defendant for the management of the commercial buildings of this case (hereinafter referred to as the “Nonindicted Company”) or paid to the defendant.
[Ground of recognition] Evidence A 1 through 3, Evidence A 5 through 26, Evidence B 1 through 7, Evidence B 9 (including branch numbers), and the purport of the whole pleadings
2. Occurrence of obligation to distribute earnings;
A. The Aggregate Buildings Act, which acquires profits from co-owners under Article 17 of the Aggregate Buildings Act.