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(영문) 수원지방법원성남지원 2015.01.30 2014가단211717

손해배상(기)

Text

1. The defendant,

A. The Plaintiff A’s KRW 11,200,000 as well as 5% per annum from June 20, 2014 to January 30, 2015.

Reasons

1. Facts of recognition;

A. On July 8, 2008, Plaintiff A completed the registration of transfer of ownership with respect to the area of 753 square meters prior to Dongcheon-si, Leecheon-si, and Plaintiff B completed the registration of transfer of ownership with respect to the area of 500 square meters in E-si, Leecheon-si on November 27, 2007.

B. The above land is a place created by approximately 30 households as a site for the electric source of the “F”, which is expected to move into, and the landowners who purchased the above electric source of housing are expected to build and move into each house.

C. Around December 20, 201, the F ad hoc Management Committee Regulations was enacted with the consent of 8 households (excluding Plaintiff B), among 9 households located in F (G, H, I, J, K, K, L, M, Defendant, and Plaintiff B) located in F until the said date. The F ad hoc Management Committee Regulations impose management fees on the occupants (Article 6) and impose management fees on them for at least two months (Article 6). In the event that the management fees are delinquent, measures, such as a fraction, may be taken.

(Article IX:7). (d)

On January 17, 2013, among the 11st generation (excluding the plaintiffs) located at the time of the 11st generation (G, H, I, J, K, K, L, M, N, Defendant, and the plaintiffs), a resolution was adopted to revise the F Provisional Management Committee to the F Residents Council and to revise the Provisional Management Committee Regulations to the F Management Rules (hereinafter “instant Rules”).

E. The Defendant is a person appointed as a manager of the F Residents' Council according to the instant regulations, and the Plaintiffs did not pay management expenses under the said regulations for at least two months on April 3, 2013, following the consent of eight households (excluding the Plaintiffs and M) from among the 11st generation (excluding G, H, I, J, K, L, L, M,O, Defendant, and Plaintiffs) that moved into the housing site of the Plaintiffs on April 9, 2013, the Defendant took a fractional measure with regard to water pipes connected to the housing site of the Plaintiffs on June 3, 2013, but was temporarily dismissed on or around December 5, 2013, and prevented the discharge of sewage by blocking sewage pipes.

F. The plaintiff Gap's 7,700,000 won as the development cost of groundwater, and 2,50,000 won as the installation cost of a septic tank, while the plaintiff Eul's 7,800,000 won as the development cost of groundwater, and 2,850,000 won as the installation cost of a septic tank, shall be cut off to a single measure and a sewage pipe.