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(영문) 광주지방법원 2014.11.25 2013가단17129

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On July 18, 1994, the apartment apartment in the Jeon-gun A (hereinafter “the apartment in this case”) consists of 453 households in total consisting of 2 dong-dong (202, 204 Dong-dong), 168 apartment units, 3 rental apartment units (201, 203, 205 Dong-dong), 285 units, with the approval of the recruitment of occupants from the head of the Gun, and the completion inspection was completed on September 22, 1995.

B. On November 16, 2002, D transferred all the management affairs of the apartment of this case to the council of occupants' representatives, and Defendant B had worked as the head of the management office of the apartment of this case since then.

C. The defendant's council of occupants' representatives amended the management rules around June 1, 2004 (hereinafter "management rules of this case") (hereinafter "management rules of this case"). The main contents are as follows.

[Management Rules, 2004] The definitions of terms used in this Code are as defined in the Housing Act, the Enforcement Decree of the Housing Act, and the Regulations.

1. The term "occupants" means the owners of relevant multi-family housing, or their spouses or lineal ascendants or descendants representing such owners;

2. The term "user" means a person other than an occupant, who leases and uses multi-family housing;

3. The term "occupants, etc." means occupants and users;

8. The term "managing body" means the head of the management office, housing management operator, project undertaker, and rental business operator under the Rental Housing Act who manages the collective housing, etc.

Article 16 (Election of Representatives by Building) (1) The fixed number of representatives by building constituting a council of occupants' representatives shall be 21 persons, and shall be elected in proportion to the number of households by building pursuant to Article 50 (1) of the Enforcement Decree of the Housing Act, but the representatives by building following consultation with the council of lessees on the special location of the apartment per unit shall be as follows:

1. 201, 3 persons;

2. 202 East 7 persons;

3.2 203 dong;

4. 204, 7 persons;

5. Two persons, two hundred-five (Composition of the council of occupants' representatives) (1) The council of occupants' representatives shall be stipulated under Article 16.