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(영문) 서울중앙지방법원 2017.10.27 2016가단5092068

손해배상(기)

Text

1. All of the plaintiffs' lawsuits of this case are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. A is an aggregate building under the Act on the Ownership and Management of Aggregate Buildings, which consists of approximately 402 exclusive ownership and approximately 273 sectional owners, as an apartment-type factory of the size of the 6th floor above the ground in Ansan-si Group B, Ansan-si.

B. Since around 2006, the sectional owners and occupants of A constitute a council of occupants' representatives of each floor, and as the first president of C, the second president of C, the second president of C, and the third president of E, the third president of E, and the fourth president of E have been elected to perform the management duties of A.

C. On January 23, 2015, the Plaintiff Korea Housing Management Co., Ltd. entered into a contract with the council of occupants’ representatives to be entrusted with the management of A’s common areas.

Plaintiff

On January 26, 2015, Korea Housing Management Co., Ltd. registered its business under the name of Korea Housing Management Co., Ltd., and established a management account in the name of Korea Housing Management Co., Ltd. in the name of Korea Housing Management Co., Ltd. and started management from January 26, 2015.

E. On December 5, 2014, some sectional owners who oppose the management affairs of the Council of Representatives A, the council of occupants, and the plaintiffs, convened a meeting of the management body, passed a resolution to elect E as the president of the management body, and C as the vice president. Since then, E resigned and the vice president appointed as the president of the management body of the defendant.

F. Around February 13, 2015, the Defendant management body issued a unique number certificate from the Ansan Tax Office, and entered into a service contract to entrust A’s facility management, etc. with the NA Co., Ltd. (hereinafter “Y”) on or around March 19, 2015, and demanded the Plaintiff, Korea Housing Management Co., Ltd., and the Chairperson of the Council of Representatives’ Representatives and Management, and the Director of the Management Office, etc. to take over the management affairs, and demanded the occupants to pay the management expenses with the account opened in the name of the Defendant management body.

(g)...