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(영문) 서울북부지방법원 2019.04.18 2017가단134239
구상금
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. Facts of recognition;

A. A. Around June 1994, the building was newly constructed on the Seongbuk-gu Seoul, Seongbuk-gu, Seoul, on the 3rd basement roof of reinforced concrete structure, the 9th above ground level, and the 3rd to the 4th above ground level (hereinafter “instant commercial building”) among the buildings, the apartment portion is divided into the 5th to the 9th above ground level.

The registration of ownership preservation was completed on June 30, 1994 with respect to the commercial part of this case, and the shop owners who purchased 108 stores located in the commercial part of this case completed the registration of ownership transfer with respect to the commercial part of this case.

B. On June 22, 2001, the co-owners of the instant commercial area established a management body of the instant commercial area (hereinafter “A management body”) to take charge of the management of the instant commercial area and elected F as the first manager representing the previous management body.

F From August 15, 2001, the F had the company G (hereinafter referred to as “G”) in which it was its representative director performed specific management duties for the instant commercial buildings from around August 15, 2001.

C. Thereafter, the co-owners of the instant commercial area established H on October 11, 2001, and the said company succeeded to the status of the “large-scale store founder” under the Distribution Industry Development Act with respect to the instant commercial area.

However, at the second general meeting of the former management organization on April 26, 2002, Defendant D was appointed as a custodian. Defendant D entered into a building management service contract with G on June 30, 2002 and had G perform the management of the instant commercial area from August 1, 2002 to August 1, 2004.

On October 2003, 28 other co-owners, including I, among co-owners of the shopping district of this case around October 2003, are stipulated in the Act on Ownership and Management of Condominium Buildings (hereinafter "the Act on Ownership and Management of Condominium Buildings").

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