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(영문) 서울중앙지방법원 2018.06.28 2015가합501291
부당이득반환 등
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Basic Facts

The following facts are not disputed between the parties, or may be acknowledged by comprehensively taking into account the whole purport of the pleadings as stated in Gap evidence (including each number, if any) No. 5, 8 through 21, 25, 26, 27, 31, 48 through 60, 301, 302:

The establishment process of the plaintiffs H Co., Ltd. (hereinafter referred to as "H") newly constructed the K Main Complex Building (the total of 414 households, commercial buildings, 18 households, and 414 households, hereinafter referred to as "the apartment of this case") on the ground of Gangnam-gu I and J, Seoul with a building permit granted pursuant to Article 8 of the Building Act, which was in force as of January 29, 1996, and completed a completion inspection around November 25, 2004, and then sold 305 households among 414 households of apartment.

The sectional owners or lessees of the apartment of this case began to move into from December 2, 2004. Around December 22, 2004, some of the occupants opened a community site called “M” on the Internet evasion site to resolve the occupants’ complaints against H and the management company of the apartment of this case (hereinafter “L”). By February 27, 2005, 135 of the occupants subscribed as members of the above community.

On February 24, 2005, the members of the above community held 70 persons among the members and elected 14 persons such as N, etc. as members of the K Temporary Residents' Representatives, and thereafter elected 14 persons such as N, etc. as members of the K Provisional Representatives' Council.

3. 3. At a meeting of occupants, two vice-chairpersons, one management director and general secretary-general, six directors and 13 representatives for each person (based on the last number of the number of each household), such as holding a general meeting of occupants and selecting N as the president, were elected at that meeting, thereby satisfying the council of occupants’ representatives of the Plaintiff.

Plaintiff

The council of occupants' representatives shall prepare the management rules on the use, etc. of the instant apartment in accordance with the Act on the Ownership and Management of Aggregate Buildings (hereinafter referred to as the "Aggregate Buildings Act"), and shall end up on March 2005.

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