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1. The part of the claim for return of unjust enrichment among the principal lawsuit against the Defendant-Counterclaim Defendant-Counterclaim Plaintiff Co., Ltd.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The structure of A building and the position of the parties (1) A building located in K in Jung-gu in Seoul, Jung-gu (hereinafter “instant building”) consists of 6 underground floors and 15 underground floors, among which 1) parking lots and mechanical rooms, electricity rooms, from 6 underground to 3 underground floors, 2) commercial buildings and parking lots from 2 underground to 6th underground floors, 3) commercial buildings, 4, 7, 8 floors from 2 to 6th above ground, 7, and 8 floors from 3) neighborhood living facilities, 5, 9, 10 floors from 11 to 15th above ground.
(2) The Plaintiff is a management body comprised of sectional owners of the instant building pursuant to the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Aggregate Buildings Act”).
(3) Defendant B was a corporation established for the purpose of maintaining and managing the instant building, activation of commercial buildings, etc., and was issued a superstore establishment registration certificate upon receiving a notification from the head of Jung-gu Seoul Metropolitan Government (hereinafter “the head of Jung-gu”) on November 13, 200, designating Defendant B as the superstore manager upon reporting the part of the second to nine stories above ground under the Distribution Industry Development Act on November 2, 2000.
After October 13, 2014, Defendant B issued a new superstore establishment registration certificate including the 10th floor of the instant building to the head of the Gu from October 13, 2014.
(4) The Defendant Union is a non-corporate body that newly constructed and sold the instant building on the ground of the said land by consisting of props outside Jung-gu Seoul and 12 lots, Jung-gu, Seoul, and is a co-owner of the entire 10th floor above the instant building (from No. 1 to 7).
(5) Defendant C, D, E, F, G, H, I, and J are the persons who have divided or currently divided the officetels of the instant building, and Defendant C is the 11th floor M of the instant building, and Defendant D are the same.