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(영문) 부산지방법원 2021.01.14 2020가단313970

집행문부여의 소

Text

The instant lawsuit is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

Basic Facts

A. The plaintiff and the defendant are as follows: (a) while running the building management business, etc. under the name of "D", the plaintiff and the defendant prepared a written consent to the establishment of the management agreement and the management agreement of the aggregate building in accordance with the building management agreement concluded on February 1, 2005 between F and F, which is the management of the building in Busan Shipping and Daegu E (hereinafter "the aggregate building in this case"), and managed the aggregate building in this case by being entrusted with the maintenance of the management agreement of the aggregate building in this case and its appurtenant facilities and welfare facilities, and management of the aggregate building in this case by being directly in charge of the management of the aggregate building in this case; (b) after being appointed by G and H, etc. in accordance with the resolution of the management division of the aggregate building in this case, the defendant continued to manage the aggregate building in this case by being entrusted with management affairs as before.

2) From July 2005, the Plaintiff is a separate owner who owns subparagraph I of the instant aggregate building from July 2005.

B. When a dispute arose between the Plaintiff and the Defendant continuously between the Plaintiff and the Defendant during the process of collecting the management expenses of the instant condominium building from the Plaintiff, the Defendant brought a lawsuit against the Plaintiff seeking payment of KRW 50,000,000 as consolation money for damages incurred to the Defendant due to the Plaintiff’s defamation act and unfounded accusation, etc. under the court 2012 A, which was based on the Plaintiff’s defamation act and the Defendant. On March 20, 2013 (No. 229 of this Court), it was transferred to conciliation proceedings (hereinafter “1, the Defendant permitted the Plaintiff to peruse and duplicate the management regulations at the Plaintiff’s request, and to disclose information on all accounting books and accounting documents related to the calculation of the management expenses of the instant condominium building.

2. In the event that the Plaintiff committed a tort against the Defendant, such as personal attack, defamation, interference with business, etc. despite the Defendant’s implementation of the disclosure of information under paragraph (1), the Plaintiff is in accordance with the seriousness of the case against the Defendant.