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(영문) 서울북부지방법원 2016.04.29 2015가단45458
부당이득금반환
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts acknowledged in some preceding litigations and the contents of judgment

A. In the case where the Seoul High Court (Seoul High Court Decision 2014Na204107 decided May 13, 2015; September 30, 2015) declared the Plaintiff’s entire failure judgment (Seoul High Court Decision 2014Na204107 decided May 13, 2015), the facts and the details of the determination are as follows.

(1) On June 1994, the building was newly constructed on the Seongbuk-gu Seoul Metropolitan Government ground of reinforced concrete building 3 floors underground and 9 floors above ground. Among the building, the part of the building was divided into the building of this case from the third to the fourth floor above ground and the part of the apartment from the fifth to the nine floors above ground. As to the building of this case, the registration of preservation of ownership was completed on June 30, 1994, and the owner of the store of this case who purchased 108 stores located in the building of this case completed the registration of transfer of co-ownership in relation to the building of this case. 2) The co-owners of the building of this case established the previous management organization around June 22, 2001 to take charge of the management of the building of this case and elected D as the first manager representing D as the previous management organization.

D From August 15, 2001, it had E Co., Ltd. (hereinafter referred to as “E”) as its representative director perform the specific management of the instant commercial building from around August 15, 2001.

3) After that, the co-owners of the instant commercial building established a B prosperity Co., Ltd. on October 11, 2001, and the said company succeeded to the status of the “large Store founders” under the Distribution Industry Development Act with respect to the instant commercial building portion. However, on April 26, 2002, F was appointed as the manager at the second general meeting of the previous management organization on April 26, 2002, and F entered into a building management services contract with E on June 30, 2002 and had E perform the business of managing the instant commercial building portion from August 1, 2002 to August 1, 2004, and around October 2003.

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