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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. (i) On October 20, 1987, the owner of the land in Geumcheon-gu Seoul Metropolitan Government (hereinafter in this case the land in this case and the owner of the land in this case), 127,749.8 square meters in aggregate, including the new construction, sale, etc. of a commercial building (the trade name before the alteration, Hanra Development Co., Ltd., Thai-do Industrial Development Co., Ltd., and the Silung Distribution Industry) newly built and sold an aggregate building, composed of 33 and 3,760 stores on the land in this case and 6 lots in aggregate, including E.
(hereinafter referred to as "the commercial building of this case". According to Article 2(1) of the Commercial Building Act, the land of six parcels, including the land of this case, was owned by 1,370 sectional owners according to the ratio of the site ownership. The land of this case was registered in the title section of the register of the commercial building of this case as
As such, the instant land was incorporated into a site of an aggregate building, but on the ground, it was not a building on the ground, and was in external state.
There has been no registration to the effect that the land was a site ownership as above in the register of the instant land, and the registration to that effect has been completed on January 9, 2012.
B. (i) Around June 30, 1990, the sectional owners of the instant commercial building established Defendant B Co., Ltd. (hereinafter “Defendant Company”) with the objective of managing the instant commercial building, operating profit-making business of common facilities, its incidental business, and managing the instant commercial building.
According to the Articles of the Defendant Company’s articles of incorporation, only the sectional owners of the instant commercial building can acquire shares within the scope of shares (if shares are transferred, shares shall be transferred), and rents, etc. generated from profit-making business, such as lease of the site of the instant commercial building, shall be the company’s accounting revenue. The income shall be accumulated as the repair reserve for the management of the facilities, and the remaining profits shall be appropriated for the purpose of developing the building of this case or distributed dividends to the sectional owners.
Dor. Dor.