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(영문) 대전지방법원 2016.12.15 2015가단225100

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant held office as the Plaintiff’s representative from January 1, 2008 to December 31, 201 (the 13th and 14th council of occupants’ representatives).

B. While the Defendant was in office as the representative of the Plaintiff, the Defendant spent KRW 29,530,500 in total due to the same representative food expenses, etc. as shown in the attached Form.

C. The provisions pertaining to the instant case are as follows:

1) The former Enforcement Decree of the Housing Act (amended by Presidential Decree No. 23488, Jan. 6, 2012; hereinafter the same applies)

(1) The council of occupants' representatives shall resolve the following matters with the consent of a majority of its members pursuant to Article 43 of the Housing Act:

hereinafter the same shall apply.

1-2. Matters delegated by the management rules and the enactment, amendment and repeal of the regulations necessary for the enforcement thereof;

2. Approval (including approval for revision) of a business plan and budget for the execution of management expenses, etc. under Article 58; 2-2. Determination of standards for imposition of user fees of public facilities; 2-3. Request for audit of management expenses, etc. under Article 58 and approval of an accounting audit report;

3. Standards for the maintenance and operation of electricity, roads, water supply and sewerage, parking lots, gas facilities, air-conditioning and heating facilities, and elevators in a complex;

4. Where self-management is conducted, matters concerning the appointment and dismissal of the personnel of the autonomous management organization;

5-2. Proposal for permission for or reporting on multi-family housing under Article 47 (1) of the Act;

6. Proposal and execution of the remodelling for the collective housing;

7. It involves the formulation of a long-term repair plan, and a safety control plan under Article 49 of the Act (hereinafter referred to as "safety control plan") or the payment of adjustment expenses;