beta
(영문) 인천지방법원부천지원 2015.11.27 2015가단9136

손해배상

Text

1. Defendant B’s KRW 27,765,056 as well as the Plaintiff’s annual rate from March 31, 2012 to November 27, 2015.

Reasons

1. Facts of recognition;

A. The Plaintiff is a management body consisting of all sectional owners for the management of the building site and building of A stores in Kimpo-si, Kimpo-si (hereinafter “instant commercial building”). Defendant B is the Plaintiff’s manager at the management body meeting on December 9, 201, the president of the management body of A Sang-si (hereinafter “management committee”), and Defendant C is one of the sectional owners of each of the instant commercial buildings. Defendant F is the tenant of the instant commercial building who was appointed as an auditor at the management committee at the above meeting. Defendant D is the tenant of the instant commercial building, who was appointed by Defendant B as the general manager of the management committee upon delegation by the management body. Defendant D is the tenant of the instant commercial building, who was appointed by Defendant B as the general manager of the management committee, and Defendant E is unclear, but it is the sectional owner of the instant commercial building who was active as the operating committee member from January 7, 2012.

B. On February 4, 2012, Defendant B held a steering committee to change the method of building management from the autonomous management to the entrusted management, and deliberated on the agenda to be dismissed by the Director of the Management Office of I (hereinafter “instant meeting”), Defendant C and 2 from among five operating members, together with Defendant B, the Chairperson D, and auditor F, attended the instant meeting and agreed on the said agenda.

C. Defendant B dismissed I under the Plaintiff’s name as the Director of the Management Office on March 3, 2014 without convening or passing a separate meeting of the management body. On March 3, 2013, Defendant B changed the method of building management from self-management to the entrusted management, and entered into an entrusted management contract with respect to the instant commercial building as a controlled entity.

This Court, on March 27, 2013, issued by J, one of the sectional owners of the instant commercial buildings, on the ground that there was no legitimate convening of a management body meeting and a resolution for the change of management methods in the case of nullification of the resolution for the change of entrusted management, No. 2012, 4120 of the instant commercial building.