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(영문) 서울중앙지방법원 2016.05.17 2015가단5238140
임대차보증금
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. L located on the land outside Jongno-gu Seoul, Jongno-gu, and four parcels is a major complex building comprised of the commercial parts from the first to the fifth floor above the ground and the apartment parts from the 6 to the 9th floor above the ground. In the above building, the L/C council of occupants' representatives, a management body under the Act on the Ownership and Management of Aggregate Buildings, was formed.

B. The Plaintiff and M are the owners of each section of exclusive ownership on the 1st and the 2nd through 5th and upper 5th and the Defendants are the owners of each section of exclusive ownership on the 6th and upper 9th and upper 6th and upper 9th, which is L’s housing (multi-family housing). The Plaintiff and M filed a lawsuit against the Plaintiff and M, the council of occupants’ representatives, and the Defendants seeking the refund, etc. of the electric utility fee paid by the Plaintiff, etc. and filed a lawsuit against the Plaintiff, the council of occupants’ representatives, and the Defendants, the following adjustment was established at the appellate court of the case (hereinafter

1. The Plaintiff (Counterclaim Defendant) jointly and severally pays 11,00,000,000 won to the Defendant (Counterclaim Plaintiff) L Apartment Council by August 31, 201 (excluding the part on provisional execution of the judgment of the court of first instance) by August 31, 201. If the Plaintiff (Counterclaim Defendant) delays this, the damages for delay calculated at the rate of 10% per annum from September 1, 201 to the date of full payment shall be paid by adding to the amount unpaid.

2. The Plaintiff (Counterclaim Defendant) constitutes a management body within the scope of 1st, 201, 301, 401, and 501 above the ground level of L apartment underground, and Defendant B, C, D, E, F (including N), G, I, H, and J constitute a management body within the scope of 101, 102, 103, 104, 601, 602, 702, 702, 701, 801, 802, 802, 901, and 902 above, and the Plaintiff (Counterclaim Defendant) and the Defendants separate and manage L apartment from June 2, 201 through each of the above management body.

3. The occupants and users of the Plaintiff (Counterclaim Defendant) and L Apartment 1st, 201, 301, 401, and 501 on the ground level, the second and third exclusive parking lots (elevators; officetelss) under the ground level, and officetels-only carplates under the ground level.

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