logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2014.09.16 2014나16905
부당이득금 반환
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The Seongbuk-gu Seoul apartment is composed of 6 buildings in total, and 102 and 105 buildings among them are the main complex buildings of apartment and commercial buildings. 102 buildings include 142 commercial buildings in total, the underground floor and ground 1,2, and 3 commercial buildings, and 105 commercial buildings in total, 131 commercial buildings in total, the underground floor and ground 1, and 2 commercial buildings, and 96 commercial buildings in total.

B. The defendant is operating the Dominian Private Teaching Institute in 102, 303, the above apartment house.

C. The main contents of the Plaintiff’s bylaws pertaining to the instant case are as follows.

The definitions of the terms used in Section 4 (Definition of Terms) of the Code of the Pacific Association shall be as follows:

1. Members are regular members and associate members, and regular members are “store owners”, and associate members are “in braille”.

2. The term "store owner" means the owner of each exclusive part of each shop which is the object of sectional ownership;

3. The term "in braille" means a person other than a shop owner, who leases and uses it actually;

Article 6 (Scope of Objects of the Code) The objects of this Code are common areas such as 102 Dong, 105 complex shops and annexed parking lots constructed in the E redevelopment area.

Article 17 (General Assembly)

1. The general meeting shall be divided into an ordinary general meeting and an extraordinary general meeting;

2. The ordinary general meeting shall be convened by the chairman twice a year; and

3. A special general meeting shall be convened by the Chairperson in the following cases:

4. When the chairman intends to call a meeting, he shall notify individually the representative of each floor of the objective, date, time, and place of the meeting three days prior to the call;

Provided, That this shall not apply to cases where a meeting is convened urgently due to unavoidable reasons.

6. The adoption of a meeting shall require the attendance of a majority of its members;

7. A resolution may be made by a written general meeting of shareholders, if a quorum for convening a meeting is not met;

Article 18 (Matters to be Resolved by General Meeting)

1. In order to efficiently manage the common assets of shopping districts under Article 27 (Managing Body) of the election of executives, the shopping district council shall select a specialized management company and manage it;

arrow