입주자모집시 도색공사이행
1. The instant lawsuit shall be dismissed.
2. The costs of the lawsuit are A apartment in Namyang-si, the representative of the plaintiff, B, and C.
1. The Plaintiff’s assertion is the cause of the instant claim. The Defendant, around October 200, agreed to perform the entire external seal construction work without compensation when inviting occupants of public rental apartment houses in the future, on the five-year period of public rental apartment in order to make a conversion for sale in lots. The Plaintiff asserts that, even though the sale in lots was completed by August 2008, the Plaintiff would not perform the outer wall color construction work under the above agreement and would have no intention to perform it. The Plaintiff asserts that, as a result of the nonperformance of the above agreement, the Plaintiff sought payment of KRW 283 million of the cost of outer wall color construction
2. Determination on the legitimacy of a lawsuit
A. The defendant's judgment on the defendant's main defense is the defense that the lawsuit of this case is unlawful because it conflicts with res judicata of the final and conclusive judgment of this court 201Gahap10287, which the plaintiff filed against the defendant, such as defect repair, etc. However, according to the records, the lawsuit of this case is a lawsuit seeking compensation for damages under the premise that the plaintiff acquired the damage claim in lieu of defect repair, such as the cracks of outer walls from each sectional owner. On the other, while the lawsuit of this case is a lawsuit seeking compensation equivalent to external wall color construction costs, which differs from the prior suit for which the judgment became final and
Therefore, the defendant's main defense is without merit.
B. An ex officio determination shall be deemed to constitute a non-corporate company under the Civil Act. Thus, prior to the determination of the merits, a non-corporate company's ex officio in order to file a lawsuit concerning the claims and obligations of the non-corporate company belonging to the quasi-corporate group, which belongs to the quasi-corporate group, shall undergo a resolution at a general meeting of the council of occupants' representatives, etc. under the provisions of Article 276 (1) of the Civil Act, unless otherwise stipulated in the articles of incorporation, bylaws, etc.
(see, e.g., Supreme Court Decision 2000Da10246, May 29, 2001; Supreme Court Decision 2010Da97044, Jul. 28, 2011). However, the same applies.