(영문) 서울고등법원 2015.07.03 2013나45244

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(영문) 서울고등법원 2015.07.03 2013나45244

부당이득금반환

Text

1. Of the judgment of the court of first instance, the part against the plaintiffs, which orders payment below, shall be revoked.

Reasons

1. The following facts are without dispute between the parties, or evidence Nos. 1-1 through 3, evidence No. 1-2-9, 106, 110, evidence No. 3-1, 2-1, 8-1 (the evidence No. 4-1 is the document which extracts part of evidence No. 8-1), evidence No. 9-1 through 35, evidence No. 10-1 through 44, evidence No. 47-7 through 76, evidence No. 10-1, 2-2, evidence No. 2-1, evidence No. 3-1, 2, evidence No. 3-5, evidence No. 9, evidence No. 13-1, 2-2, and evidence No. 1, 13-1, 2-2, 14-1, and 2-2 of each evidence No. 14.

1) The construction of the building of this case and the establishment of AZ Co., Ltd. 1) AV building is a 2-unit building newly constructed on the ground level 1 and 3-story on the ground level in Seoul, Jung-gu, Seoul, and AX on the ground level (hereinafter referred to as "the building of this case") around 1979, according to each lot number, "the building of this case" and "the building of this case where two Dongs are installed together," and "the building of this case."

2) Since July 9, 1979, all the sectional owners who purchased the store of the building of this case who purchased the building of this case in lots are "AZ Co., Ltd. (hereinafter referred to as "AZ Co., Ltd.") for the purpose of developing the AY market and managing the entire building of this case, etc.

5,170 shares issued by the non-party company was established, and thereafter, eight shares per store were accepted according to the number of their shares.

3. The non-party company held a general meeting of shareholders in February every year after its establishment, and the general meeting of shareholders attended the shareholders of the non-party company as shareholders of the non-party company and resolved important matters concerning the management of the building of this case, such as approval of the preliminary and settlement of accounts needed for the operation of the building of this case and the renovation and repair of the building of this case. The matters so resolved were executed by

B. The building of this case.

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