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(영문) 의정부지방법원 2018.12.14 2016가합54695

손해배상(기)

Text

1. The plaintiff's action against the emergency countermeasures committee in the defendant's building shall be dismissed;

2. The Plaintiff, Defendant B, and Defendant B, KRW 145,343,395.

Reasons

1. Basic facts

A. 1) The instant commercial building is an aggregate building consisting of 50 stores in total. The Plaintiff is the instant commercial building Q, R, S, T, U, and V (hereinafter “instant store”).

(2) Defendant B, as the owner of the instant store, operated the hospital with the trade name of “Woowon” from the instant store to December 3, 2013. (2) Defendant B substantially operated the instant store’s instant shopping mall X with the trade name of “Y”.

Defendant C is the owner of the instant commercial building Z, and Defendant N is the lessee of the instant commercial building X.

Defendant F was the pastor of the Defendant P church, the owner of the instant commercial building AA and AB, and the remaining Defendants, except Defendant B, C, N, F, P, P, andO building emergency countermeasures meetings, were the owners or lessees of some of the instant commercial buildings.

3) Defendant B, C, and N et al. are members of the “Onumbering Association” (hereinafter “O numbering Association”) or the “O numbering Emergency Countermeasure Meeting on Building (hereinafter “O numbering Committee”). On the contrary, the Plaintiff, AC et al. organized the “O numbering Council for Representatives of Management Body (hereinafter “representativeing Council”). Although the above organizations asserted that they are legitimate management entities of the instant commercial building and continued disputes, they did not have the right to manage the instant commercial building because they were not legitimate management entities or management entities of the instant commercial building. (b) The Plaintiff did not pay management fees for the instant store by June 2013.

Plaintiff

In addition, other sectional owners or lessees did not pay the management expenses properly, and accordingly, the payment of the electricity fee of the commercial building in this case was overdue.

On August 22, 2013, the Korea Electric Power Corporation (hereinafter “Korea Electric Power Corporation”) discontinued the supply of electricity to the entire commercial buildings of this case on the grounds that electricity charges were unpaid.

2. Defendant.