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(영문) 서울고등법원 2015.09.25 2014나2042538
영업자 확인 등
Text

1. All of the plaintiff's claims that are changed in exchange at the trial are dismissed.

2. The Plaintiff’s total costs of litigation.

Reasons

1. Basic facts

A. The Plaintiff’s relocation club business relationship 1) Seoul Jongno-gu Seoul Metropolitan Government D commercial building (hereinafter “instant commercial building”).

) The general management body, which is the representative body of all owners established under the Aggregate Buildings Act, shall be responsible for common areas and facilities of the building as an aggregate building (hereinafter referred to as the “general management body”).

) The leased and the distribution of leased profits for exclusive use have been carried out in a manner that is in charge of the self-governing management council for each floor. The 7 and 8th floor self-management council (hereinafter “7 and 8th floor management council”) comprised of the right holders of the 7 and 8th floor of the instant commercial building.

(2) On October 24, 2012, the Plaintiff entered into a partnership agreement with Nonparty F, G, and the instant shopping mall (hereinafter “E”) to jointly manage and distribute profits according to their respective shares, and jointly operate the instant database with F and G.

3) However, with respect to the lease contract for the instant commercial building 7 and 8 floors before the conclusion of the said loan contract, there was a conflict between F and (State) J and 7, and the management body of the 8rd floor due to the delinquency in payment of part of the lease deposit, rents, and management expenses. Accordingly, around January 30, 2013, the instant loan contract was suspended by taking measures, such as a short circuit, and was seized and sold around March 2013 and May 2013. (b) The Plaintiff continued to operate the instant crowdfunding for the purpose of recovering the invested funds, etc.

However, in the general management body, it was not possible to commence the business of crowdfunding because of the problem of the validity of the above lease contract.

2..

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