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(영문) 서울남부지방법원 2018.07.06 2018나10

부당이득금반환청구

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. The Plaintiff (Appointed Party; hereinafter referred to as the “Plaintiff”) had resided in the Gangseo-gu Seoul Metropolitan Government B Apartment (hereinafter referred to as the “instant apartment”) 201 composed of one unit from September 2003 to December 2015, 2015, the Appointor C had resided in the instant apartment from around 2006 to 302, the Appointor D had resided in the instant apartment from around 2006 to around 2006, and the Appointor E had resided in the instant apartment from around 2006 to 803, and the Defendant is also the council of occupants’ representatives and the management body of the instant apartment from around 2006 to around 206.

B. On August 11, 2006, 2006, the Housing Construction Co., Ltd. (hereinafter “Slun Construction”) implemented a new construction of F building in the vicinity of the instant apartment. In order to obtain compensation for damages such as noise, vibration, etc., due to the construction, the occupants of the instant apartment, conducted a demonstration, etc. on the instant apartment. During that process, 36 households located in the said 38 households, among the said 38 households, drafted a written consent from the residents (hereinafter “the consent from the residents of this case”).

The residents of the B Apartments are ratified and consented to the following matters:

1. Matters to be resolved at a general meeting: The management of apartments shall be autonomously managed by residents;

(4) The executive organ shall consist of a president of the board of directors of 803; an auditor of 401; a secretary of the board of directors of the board of directors of the board of directors of the board of directors; a secretary of the board of directors of the board of directors of the board of directors;

(5) Negotiations on damage arising from a lot construction project shall be delegated to an execution department.

2. Matters to be resolved by the executive organ: (1) A strike for negotiations on damage with a lot construction shall be developed with the consent of all the residents.

(2) The allocation of compensation for damage caused by a lot construction project shall be 50% of the number of seats in the assembly, expenses incurred in the strike, repair and maintenance, and 40% of the total amount of compensation for damage, and 10% of the total amount of compensation for damage.

C. Meanwhile, on December 26, 2007, a lot construction is between G, H, C, E, I, and J with the authority to receive agreements and agreements from the occupants of the instant apartment on December 26, 2007.