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(영문) 부산지방법원 2017.03.23 2016나50914

손해배상(기)

Text

1. The judgment of the first instance court, including the Plaintiff’s claim added at the trial room, shall be modified as follows:

The defendant.

Reasons

1. Basic facts

A. The Plaintiff (the Plaintiff’s representative council prior to the change) is the council of occupants’ representatives of apartment complexes comprised of 227 households of Busan Dong-gu A apartment (hereinafter “instant apartment”), and the Defendant served as the president, who is the representative of the Plaintiff from the end of 2003 to March 2015.

B. The main contents of the instant apartment management rules are as follows.

Article 1 (Purpose) The management rules of public housing shall aim to protect occupants and users and to maintain the order of residential life by prescribing matters necessary for the management or use of multi-family housing pursuant to Article 44(2) of the Housing Act and Article 57(1) of the Enforcement Decree of the Housing Act.

Article 3 (Definition of Terms) The definitions of terms used in this Code shall be as follows:

3. The term "occupants" and "occupants" mean occupants and users;

Article 16 (Composition of Officers) (1) The council of occupants' representatives shall have the following executives pursuant to Article 50 (5) of the Enforcement Decree of the Housing Act:

1. One chairperson;

2. At least one general secretary;

3. At least one auditor.

4. The council of occupants' representatives shall make a resolution with the consent of a majority of its members pursuant to Article 51 (1) of the Enforcement Decree of the Housing Act, among not less than two directors, and the term "other matters stipulated by other regulations" in Article 51 (1) 9 of the Enforcement Decree of the Housing Act means the following matters:

1. Matters concerning an increase in the management expenses deposit;

2. Matters proposed by the managing body in relation to its business affairs. Article 32 (Operating Expenses) (1) The operating expenses of the council of occupants' representatives under Article 58 (3) 8 of the Enforcement Decree of the Housing Act shall be comprised of the following:

3. Business promotion expenses for the chairperson: 300,000 won per month.

Article 33 (Duties and Responsibilities of Council of Residents' Representatives) (1)