불법행위로 인한 손해배상(기)
1. Revocation of the first instance judgment.
2. The plaintiff A's claim is dismissed.
3. The plaintiff B's lawsuit shall be dismissed.
4...
1. Under the main sentence of Article 420 of the Civil Procedure Act, based on the basic facts, the corresponding part of the judgment of the first instance [including the attached Form, and the reference of "crime sight table (2)" in Part 4 of the judgment of the first instance shall be amended to "crime sight table (1)"] shall be cited, and the following facts shall be additionally acknowledged by considering the following facts in the items of evidence 29-1 to 4, evidence 30, evidence 31-1 to 31-4, and evidence 32, as a whole:
① Plaintiff A, along with the nature of the management body consisting of the entire sectional owners of the instant building, delegated the preservation and management of the common areas of the instant building, such as co-ownership stores, to Plaintiff B by a resolution of the board of directors since 2001, and there was no organization that served as the management body of the instant building except the Plaintiffs.
(2) On November 3, 2016, the sectional owners of the instant building decided to establish a management body’s bylaws by holding a temporary management body meeting on October 30, 2014 (see, e.g., Supreme Court Decision 2012Da96915, Oct. 30, 201). Article 3 of the Addenda to the bylaws provides that “A shall lose the status of the management body and succeed to the status of the management body.”
③ The sectional owners of the instant building held a regular meeting of the management body on February 23, 2017 and appointed P as the manager. On March 2, 2017, the organization “F market management body” for the management of the instant building was organized, and a certificate of identification number issued by the representative of P was issued around that time. The Plaintiffs’ succeeding intervenors held a regular meeting of the management body on February 9, 2018 and ratified the rules of the management body and the resolution for the appointment of the management body.
④ Meanwhile, as of March 31, 2017, Plaintiff B passed a resolution of dissolution on April 6, 2017, with respect to the preservation and management of the common areas of the instant building as of March 31, 2017, Plaintiff B passed a resolution to transfer all rights to the Intervenor’s successor via Plaintiff A Co., Ltd.
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