손해배상(기)
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff is the council of occupants’ representatives comprised of representatives from each Dong of the Gu A Apartment-gu (hereinafter “instant apartment”) during Ansan-si.
From September 1, 1998 to August 31, 2012, Defendant B, the representative of the Plaintiff, was in charge of the management expenses, miscellaneous income, supervision, etc. of the instant apartment during the said period. Defendant C, the head of the management office of the instant apartment from April 17, 2007 to January 10, 2013, was in charge of the management expenses, miscellaneous income, etc. of the instant apartment during the said period.
Defendant D Co., Ltd. (hereinafter “Defendant Co., Ltd”) is a management entity from September 1, 1998 to August 31, 2012, which entrusted the instant apartment and employs Defendant C.
B. Of the instant management rules, the parts related to the instant case are as follows.
Article 23 of the Management Rules amended on July 10, 2007 / [Matters to be resolved] (1) The council of occupants' representatives shall adopt a resolution with the consent of a majority of its members on the following matters prescribed by the Management Rules pursuant to Article 51 (1) 1 through 8 and 9 of the Enforcement Decree of the Housing Act:
2. The council of occupants' representatives may determine whether or not operating expenses necessary for the performance of its duties and the amount thereof by regulations on the use of operating expenses of the council of occupants' representatives (hereinafter referred to as " regulations on the use of operating expenses");
(2) Where the regulations on the use of operating expenses (including amendments) are enacted pursuant to paragraph (1), such regulations shall be publicly announced on bulletin boards, Internet homepages, etc. for at least two weeks in order to obtain sufficient opinions from occupants, etc.
(3) The council of occupants' representatives shall prepare details of use under the regulations on the use of operating expenses in a separate account book (including evidential materials) and have the management authority keep them.