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(영문) 서울동부지방법원 2016.10.28 2016나23542

손해배상

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. The plaintiff is a sectional owner of B apartment 214 Dong 303, Gwangjin-gu, Seoul, and is residing in the above apartment.

The defendant is a housing management enterprise to which the management of the above apartment is entrusted by the council of occupants' representatives (hereinafter referred to as the "council of occupants' representatives") around March 1, 2014.

B. The above apartment complex consists of 15 units, 1,606 units, and part of the site for common use is equipped with a tennis with two joints of residents sports facilities.

C. Around February 2012, the council of occupants’ representatives entered into a contract for the management of the tennis with the B apartment table (hereinafter “Rotterdam”) on the following terms:

(A) According to the expression of the contract, the council of occupants' representatives is expressed as “A”, and the table is expressed as “B”. Article 1 (Scope of Management and Management) (2) of the Management Act is as follows: ① Management in good faith with respect to the maintenance, repair, and safety of 2 pages and all kinds of auxiliary facilities; ② rational use, operation, and management of the tennis; ③ the accumulation of self-collection of membership fees paid by the Rotterdam members and operation and management of the Rotterdam members; ③ Operation and management of the Rotterdam members are not sports facilities for the co-ownership of the residents of the Rotterdam; and in principle, the relevant facility users are restricted to apartment occupants.

2) In the operation of the tennis, non-member members shall also be given consideration to use without any differential rate as to the membership. Article 3 (Time for Residents’ Eice Use): From 6:0 a.m. to 30 p.m. 30 p.m. 30 p.m.) Saturdays, Sundays: Article 4 (User Fee and Miscellaneous Fee) that no time limit is available for use in the tennis, shall bear the burden of any surplus charges, such as electricity charges, water charges, etc. imposed on the tennis 600,000/year and teice 600,000. However, the user fee may be adjusted after consultation with Gap at later time. Article 5 (Audit of Management Affairs) shall be audited at least once a year.