관리비반환등
1. The part of the judgment of the court of first instance against the plaintiff, which ordered payment below, shall be revoked.
The defendant.
1. After the remand, the plaintiff filed an appeal as to the whole part of the damages claim against the defendant, which was filed by the first instance court for the damages claim against the defendant due to a default or tort, and all damages claim against the defendant. The first instance court dismissed the part of the damages claim for tort due to the non-performance or tort on the ground that the defendant, who was the primary claimant against the defendant, voluntarily used the above amount while performing his/her duties as the chairperson, and partly accepted the part of the damages claim due to the non-performance or tort on the ground that the defendant, who was dismissed from his/her office as the chairperson, has withdrawn his/her deposit.
Accordingly, the plaintiff appealed against the defendant as to the main claim and the main claim partially quoted, and the defendant appealed against the above main claim partially quoted.
However, the judgment of remand was dismissed as to the plaintiff's primary claim, and the plaintiff's conjunctive claim was partially accepted as to the plaintiff's conjunctive claim and reversed and remanded only the plaintiff's conjunctive claim, so the scope of trial after remand is limited to the plaintiff's conjunctive claim, and the plaintiff's primary claim which was rejected before remand is excluded from the trial after remand.
2. The defendant's judgment on this safety defense is limited to a person who holds the position of a president and a director who is a manager of the plaintiff's board of directors or all the officers who are the manager of the plaintiff as well as a temporary manager under the Act on Ownership and Management of Condominium Buildings (hereinafter "the Act on Ownership and Management of Condominium Buildings"). Furthermore, on May 26, 2008, the defendant asserted that C was elected as the president and the director of the plaintiff as the director, and C concurrently holds the plaintiff's position.