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(영문) 서울고등법원 2015.04.28 2014누7147
건축허가처분취소
Text

1. Upon the claim added at the trial court, the Defendant’s ground services and the Defendant’s ground services in Jung-gu Seoul Central District of Law No. 366, Aug. 13, 2014.

Reasons

1. The following facts do not conflict between the parties, or may be acknowledged by comprehensively taking account of the whole arguments in each of the statements in Gap evidence Nos. 1, 2, 5, 3-1, 1-2, 1-1, 1-2, 1, 1-A, 2, 3, and 6-1, 2, 4, 5, 9, 4, 28 through 37, 5-B evidence Nos. 4, 5, 24-1 through 516, 24-2, 50, 50-2, 56, and 56.

A new construction of X building and the establishment of D Co., Ltd. 1) X building is a sales facility of reinforced concrete structure (hereinafter “instant commercial building”) which was completed on May 13, 1980 on the ground of 3,002 square meters (hereinafter “instant land”). At the time of the construction of the instant commercial building, the owners who purchased the said store at the time of the construction of the instant commercial building established D Co., Ltd (hereinafter “D”) for the management of the instant commercial building, and acquired D’s shares in accordance with the number of owned stores.

3) Since its establishment, D shall hold a general meeting of shareholders in February of each year to resolve important matters concerning the overall management of the instant commercial building, including the renovation and repair thereof, and it was actually operated as D’s management body from July 1, 2008 to December 28, 201, including the enforcement of D’s representative director and the board of directors. 4) B is a company director, who is currently in-house director, and the Z is a D’s representative director and an internal director from December 28, 201 to December 28, 201.

B. At the time of the completion of the instant commercial building, the sectional owner and the right holder of the site of the instant commercial building were prior to the enforcement of the Act on the Ownership and Management of Aggregate Buildings (amended by Act No. 3725, Apr. 10, 1984). However, each of the stores of the instant commercial building (the person who purchased a sectional building has registered the registration of the transfer of the sectional ownership of the relevant store according to the real estate registration practice at the time of the registration of real estate, and the registration of the transfer of shares in the instant commercial building according to the ratio of the area of the store that

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