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(영문) 서울중앙지방법원 2017.08.11 2015가단54200

구상금

Text

1. The Defendant’s KRW 74,400,633 as well as the Plaintiff’s annual rate from June 26, 2014 to August 11, 2017.

Reasons

1. Facts of recognition;

A. The Plaintiff is an insurer who has concluded an automobile insurance contract with respect to each of the vehicles listed in the separate sheet number and the vehicle model column (hereinafter “victims of this case”).

B. The defendant is a project undertaker who constructed and sells Amateur 8, 330, 330, and other incidental and welfare facilities (hereinafter referred to as the "the apartment complex in this case"), and is a project undertaker who constructs and sells the apartment houses prescribed by Presidential Decree (including construction of facilities other than the housing, and appurtenant and welfare facilities, but excluding facilities to be sold to the general public among welfare facilities; hereinafter the same shall apply) under Articles 43 and 43 (Management Body, etc.) of the former Housing Act (Amended by Act No. 12115, Dec. 24, 2013) (1) shall directly manage the apartment houses until a majority of prospective occupants move into the apartment complex, and if a majority of prospective occupants move into the apartment complex, he/she shall notify the occupants of the fact and request them to manage the apartment house pursuant to paragraph (2).

(2) Residents shall autonomously manage a collective housing falling under paragraph (1) pursuant to paragraph (4), or manage it by entrusting a housing management operator under Article 53 with the management thereof.

(4) Where the council of occupants' representatives intends to autonomously manage multi-family housing, it shall appoint the head of a management office of multi-family housing as the representative of the autonomous management body and organize an autonomous management body equipped with technical human resources and equipment prescribed by Presidential Decree within six months

Provided, That where a management method is changed by self-management while entrusting a housing management operator under Article 53, an autonomous management organization shall be organized by the last day of the entrusted management.

Around January 18, 2013, the apartment complex of this case, which had been obligated to manage the apartment complex of this case pursuant to Paragraph (1), is in the instant apartment complex to the YS Co., Ltd. (hereinafter referred to as the "SIS").