손해배상(기)
1. The plaintiff's lawsuit against the defendant D apartment management office is dismissed.
2. The Plaintiff’s claim against Defendant C.
1. Whether a lawsuit against Defendant D Apartment Management Office (hereinafter “Defendant Management Office”) is lawful or not, the Plaintiff is also liable for damages against Defendant Management Office. However, Defendant Management Office is only an internal organization or organization of the council of occupants’ representatives which performs practical affairs such as the maintenance, repair, expenses, collection of management expenses, etc., and cannot be deemed as an unincorporated association or foundation. Thus, the instant lawsuit against Defendant Management Office is illegal and dismissed as it is against a person who has no capacity to sue.
2. Judgment on the merits (claim against Defendant C)
A. On June 30, 2015, the Plaintiff agreed with Defendant C to take over the entirety of the operation rights of the F Reading Room in the D apartment complex in Gangseo-gu Seoul Metropolitan Government (hereinafter “instant reading room”) for KRW 71 million for premium.
(hereinafter “instant acceptance agreement”). On July 1, 2015, pursuant to the instant acceptance agreement, the Plaintiff entered into a contract for the alteration of the reading room with the Defendant’s management office as follows:
(hereinafter referred to as “instant lease change agreement”). Article 1: Real estate E with indication of real estate E: Term of lease.
(a) The lease term shall be from July 1, 2015 to May 31, 2017, and if the lessee requests the renewal of the contract at the end of the contract term, the lease term may be renewed according to the contents of the resolution of the council of occupants' representatives of the D apartment.
The Plaintiff paid KRW 8 million to Defendant C, the premium of KRW 71 million, and the management office of Defendant C, to be returned to Defendant C after the lease modification contract of this case.
The Gangseo-gu Office of Multi-Family Housing Management Act (Article 29 of the Enforcement Decree of the Multi-Family Housing Management Act) on November 23, 2017, Article 29 of the Multi-Family Housing Management Act (hereinafter referred to as the "multi-Family Housing Management Act")
Article 29-2 (1) of the Enforcement Decree of the above Act shall be used by occupants.