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(영문) 의정부지방법원 2019.09.24 2019가단102543

손해배상(기)

Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The plaintiffs constitute the council of occupants' representatives of the apartment of this case (hereinafter referred to as "the apartment of this case") with representatives from each Dong of J Apartment-si, Namyang-si, South-si, and the plaintiff A is the chairman of the council of occupants' representatives of this case.

B. The instant apartment was converted for sale after the use inspection was conducted on or around September 2009, and the instant apartment was converted for sale in lots. The instant apartment was decided by the council of occupants’ representatives, which was held on July 31, 2018, to entrust the previous rental apartment to the specialized company for adjustment, and the instant apartment was publicly announced on August 2, 2018.

Since the entry of this case, the letter of long-term repair plan received from the specialized company was resolved by the temporary council of occupants' representatives held on August 14, 2018.

C. On August 22, 2018, in order to implement repair in accordance with the adjusted long-term repair plan, the instant entry unit was selected as a successful bidder on September 3, 2018 and entered into the instant construction contract with K and the instant construction contract (hereinafter “instant contract”) with the council of occupants’ representatives (hereinafter “instant contract”). < Amended by Presidential Decree No. 20201, Sep. 12, 2018>

On the other hand, on August 24, 2018, the Defendant asserted against the Plaintiff’s entrance unit in the instant case to the District Court as follows, and filed an application for provisional disposition seeking the suspension of the procedure for the progress of the instant construction and the prohibition of the instant construction.

(1) According to the Multi-Family Housing Management Act, the long-term repair plan may be adjusted by a resolution of the council of occupants' representatives every three years after the formulation of the long-term repair plan, and may be adjusted with the written consent of a majority of all occupants after the lapse of three years. The entry of this case is in the instant multi-family