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(영문) 광주지방법원순천지원 2014.11.14 2013가단15016 (3)

손해배상(기)

Text

1. The Defendants’ respective Plaintiff KRW 23,825,551 as well as 5% per annum from May 29, 2010 to September 27, 2013.

Reasons

1. Basic facts

A. The D Apartment at 1,00-si (hereinafter “instant apartment”) is a publicly constructed rental house constructed by the Korea Rental Housing Corporation, a rental business operator, under the Rental Housing Act.

B. The “A council of lessees’ representatives” of a non-corporate association established around April 2005 with the president E as its representative, which collected KRW 53,00,000 from its members for the purpose of conducting a precise diagnosis of the defects of the above apartment around 2008 (hereinafter “the instant money”).

In addition, the above meeting of the representative of a lessor deposited the instant money into the account of the 1,00 Agricultural Cooperative established under the joint name of the defendant B, which had been the president with E around that time.

C. On September 24, 2009, Korea Construction Co., Ltd.: (a) around October 15, 2009, pursuant to Articles 29 and 30 of the Rental Housing Act, the residents of the apartment of this case were members of the apartment of this case; (b) the non-corporate group, the representative of which is the president, was established by the “G defaulted representatives’ representatives’ representatives’ representatives’ representatives’ representatives’ representatives”; (c) around that time, the above insolvent representatives’ representatives’ representatives’ representatives’ representatives reported the establishment pursuant to the above Act at the time of netcheon, and succeeded

On April 3, 2010, the Plaintiff, a non-corporate group of 498 households which completed conversion for sale in lots under the Rental Housing Act by April 2010 among the 581 households of the apartment of this case, and all of the remaining 83 generations, was established on April 3, 2010 by Article 43 of the Housing Act.

The residents of the above 83 generation obtained approval for conversion for sale in lots on November 201.

【Reasons for Recognition】 The entries of Evidence Nos. 1 through 12, and the purport of the whole pleadings

2. The Defendants asserted that the instant lawsuit representing H is unlawful, since the resolution of the Plaintiff’s council of occupants’ representatives to elect H on March 26, 2014 violates the Plaintiff’s management rules and is null and void. Thus, the instant lawsuit representing H is unlawful.

The plaintiff, the plaintiff, the plaintiff.