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(영문) 서울서부지방법원 2014.05.16 2013가합2191
관리규약무효확인 등
Text

Among the lawsuits in this case, the non-existence of the management rules and the claim for nullification confirmation shall be dismissed.

The plaintiffs' remaining claims.

Reasons

Basic Facts

The Yongsan-gu Seoul Metropolitan Government ground buildings are apartment buildings from the fourth to the tenth floor above ground, which are the main complex buildings with the fourth floor above ground and the tenth floor above ground, newly constructed in around 1974, and are apartment buildings in the name of "C" from the first to the third floor above ground.

Since the construction of the instant commercial building, the instant commercial building was owned by the Camp Dok (Co., Ltd.; hereinafter the same shall apply). Although there was no registration of sectional ownership, it was actually divided into several stores, and camping Dok has been managing the instant commercial building by designating and leasing the types of business by store.

Around July 2004, the tenant of the shopping mall of the shopping mall of this case intended to purchase the shopping mall of this case and proceed with remodeling construction after purchasing it. The tenant of the shopping mall of this case intended to sell the shopping mall of this case to a third party.

Accordingly, on August 26, 2004, the inaugural general meeting was held, and the articles of association was established as follows. The prosperity aims to purchase the commercial building in this case with funds raised by tenants to sell part of the three floors of the commercial building in this case, which were used as the office of camping mileage, to a third party after remodeling work, and the investment funds received from a third party, and to purchase the commercial building in this case on August 30, 2004 and the prosperity association Article 2 (Purpose of Article 2) of the prosperity aims to carry out the following projects:

1. Project for the purchase and remodeling of commercial buildings;

2. Business of selling commercial buildings;

3. Welfare promotion projects for members;

4. Operation of consumer convenience and convenience facilities;

5. Business incidental to those as referred to in subparagraphs 1 through 4.

6. Overseas publicity and information provision of commercial buildings;

7. Mediation of disputes between merchants;

8.Article 5 (Qualification for Membership) of the Tax Support Act is a person who leases a commercial building in C and has joined the Round by meeting the following qualifications:

1. (Regular Members) A person who has consented to a project for the purchase and remodeling of commercial buildings (Submission of a written consent) and has paid a contribution (18 times the lease deposit) to the prosperity Council or has paid it;

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