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1. The plaintiff's appeal is all dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. The reasoning for the court’s explanation concerning this case is as follows: (a) the Korea Asset Trust Co., Ltd. (Korea Asset Trust Co., Ltd.) under Section 3 of the judgment of the court of first instance shall be deemed as “Korea Land Trust Co., Ltd.”; and (b) the reasoning for the judgment of the court of first instance is as follows, except for addition of the following determination as to the matters alleged by the Plaintiff in the trial, and thus,
2. Additional matters to be determined;
A. Plaintiff’s assertion 1) On May 4, 2005, the Plaintiff entered into a management contract with D and managed the shopping mall. D and D were appointed as the manager of the shopping mall at the general meeting of the management body on September 11, 2005, and confirmed the above management contract through the management body meeting. Furthermore, there was an individual ratification on the above management contract from the buyer in the process of selling the shopping mall. Accordingly, the Plaintiff has the claim for management fee under the legitimate management contract with the company entrusted with the management management by the above management body. ② In the preliminary case, if there exists no legitimate management contract, the Plaintiff has the claim for return of unjust enrichment from the shopping mall management body.
However, since the shopping mall management body cannot fully repay its obligation to the Plaintiff with its own property, the Defendants are obligated to pay the management expenses for common areas incurred during the management period according to Article 27 of the Act on the Ownership and Management of Aggregate Buildings as a special successor of the owner of the instant real estate in accordance with the ratio of exclusive ownership of the Defendants pursuant to Article 27 of the Act on the Ownership and Management of Aggregate Buildings.
B. 1) Determination A) The instant trust agreement is between D and the Korea Land Trust Co., Ltd. on May 12, 2005 when it engages in the business of newly constructing a shopping mall and selling each store.