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(영문) 서울고등법원 2017.03.30 2015나2031863
손해배상
Text

1. The judgment of the first instance, including the Plaintiff (Counterclaim Defendant)’s principal claim expanded in the trial, is as follows.

Reasons

1. Basic facts

A. The current status and management of the instant D Market buildings 1) The D market in Seongbuk-gu, Seongbuk-gu, Sungnam-si is comprised of five thousand square meters in size E and one aggregate building on its ground (hereinafter “instant market building”).

2) As to the instant parking building, F miscellaneous land 1,475.4 square meters and one aggregate building on its ground (hereinafter “instant parking building”).

) The foregoing two buildings are composed of two buildings (hereinafter collectively referred to as “instant D market buildings”).

2) 2) The market building of this case is used as a machine room for underground floors and a machine room for underground floors, a parking lot for underground floors, and a retail market for underground floors from underground floors to underground floors from underground floors.

The market building of this case consists of five sections for exclusive use (No. 01, No. 01, No. 01, No. 01, No. 21, No. 01, No. 31, No. 01, and No. 01, No. 41) for each floor from 1st to 4th of the ground.

The Plaintiffs are co-owners of the first floor No. 01, and their co-ownership shares are around September 5, 2012, Plaintiff 1. Company 337.548/993.076, Plaintiff 2. Company 2. Company 239.708/993.076, and Plaintiff 1. Company 337.548/993.076 around December 2012 and Plaintiff 2. Company 24.6/93.076.

3) Each of the sectional owners of the instant D market buildings decided to manage the instant market buildings and the instant parking buildings by combining them, and organized the “D market management and operation committee” which is the integrated management body (hereinafter “integrated management body”).

(B) At the meeting of the integrated management body held on December 12, 2008, H was appointed as a manager (the president). However, on November 27, 2009, H was dismissed from office at the meeting of the integrated management body held on November 27, 2009, and I was appointed as a manager, and the resolution was ratified on November 27, 2009 at the meeting of the integrated management body held on December 10, 2010. (b) G was leased and used part of subparagraph 01 of the first floor of the instant market building (hereinafter “instant commercial building”). G was set aside on December 13, 2012.

2. As between J on September 5, 2012, the Defendant’s period from December 15, 2012 to the instant commercial building from the integrated management body.

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