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(영문) 서울남부지방법원 2019.03.22 2018나55447

기타(금전)

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. From October 15, 2002 to June 1, 2015, the Plaintiff was a person who resided in Gangseo-gu Seoul Metropolitan Government B apartment (hereinafter “instant apartment”) C (hereinafter “instant apartment”). The Defendant is also a council of occupants’ representatives of the instant apartment and a management body.

B. Around 2006, D Co., Ltd. (hereinafter “D”) implemented a new building construction work in the vicinity of the instant apartment, and the occupants of the instant apartment complex developed a demonstration, etc. against D in order to receive compensation for damages, such as noise, vibration, etc., which would be excessive to the instant apartment due to the construction work. During that process, 36 household residents among the said 38 households entered into a written consent of the residents (hereinafter “the consent of the residents of this case”) as follows.

The residents of the B Apartments are ratified and consented to the following matters:

1. Matters to be resolved at a general meeting: The management of apartments shall be autonomously managed by residents;

(4) The executive branch shall be comprised of the Chairperson F, Auditor G, Secretary H, Rason I, J, and K.

(5) Negotiations for damage arising from D works shall be delegated to the executive organ.

2. Matters to be resolved by the executive organ: (1) A strike for negotiations on damage with D shall be developed with the consent of all the residents.

(2) Compensation for damage caused by D Corporation shall be allocated at 50% in proportion to the frequency of assembly participation, expenses incurred in the course of war, repair and maintenance, 40% in relation to the improvement of facilities, and 10% in equal distribution.

C. On the other hand, on December 26, 2007, D made an agreement to deposit KRW 60 million into the Defendant’s account on January 15, 2008 (hereinafter “instant agreement”) with L, Plaintiffs, M, N,O, P, and all damage compensation claims that D, including current tenants and subsequent tenants, shall be deposited into the Defendant’s account on December 15, 2008, and accordingly deposited KRW 60 million with the Defendant on January 15, 2008 (hereinafter “instant compensation”).

D. The Defendant signed on March 10, 2009.