logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원안양지원 2019.09.05 2016가합1187
부당이득금반환
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. The Plaintiff is a party’s position 1) The 4th underground floor and the 7th ground-based commercial building in Ansan-si D (hereinafter “instant commercial building”).

(2) Of the entire size of 25,417.88 square meters, 21,259.67 square meters (hereinafter “instant ownership”).

(2) Defendant B acquired the ownership of the 1st floor E of the instant shopping mall on January 28, 1989, and the ownership of the 1st floor F of the instant shopping mall on March 31, 1993, and sold male clothing in the trade name of “G” in each of the above units.

On June 29, 2007, Defendant B transferred the ownership of the above heading room to Defendant C, and even thereafter, the above heading room sells male clothing.

B. Around 197, the shopping mall of this case constituted a merchants' council consisting of members of the rest of the shop with the exception of the stores owned by H Co., Ltd. The merchants' council changed the name of the first company into K Co., Ltd. (the first company was J Co., Ltd., and the distribution business sector was divided on August 31, 2009 and divided into L Co., Ltd.

L Company changed its trade name to I on July 28, 2009.

hereinafter referred to as "I" without distinguishing between the change of trade name and the merger after division.

(2) At the end of 197, I opened the shopping mall in the shopping mall and received all the powers on the management of the building and the use of the section for common use from I in return, and entered into an agreement to increase part of the amount annually. From that time, I leased a store with approximately 80% area among the shopping mall in this case and operated the shopping mall in the trade name called “Malyang store.” The I, while managing the section for common use in this case according to the agreement, is sublet the section for common use to others or set up a goods store directly for sale. (2) The Merchant Council is operating the name of the Merchant Council around the end of 2007, and established the management articles, and then on December 1, 2007.

arrow