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(영문) 울산지방법원 2015.11.11 2014가단34484

손해배상(기)

Text

1. The Defendants jointly share KRW 19,825,00 with respect to the Plaintiff and the Defendant B Resident Representatives Committee on January 2, 2015.

Reasons

1. Facts of recognition;

A. Defendant B’s representative council (hereinafter “Defendant B’s representative council”) consists of sectional owners of Busan Shipping Daegu B (hereinafter “the instant condominium”) which is an aggregate building, and is an organization that manages the remuneration and management of the portion of the common use. The Defendant C&C (hereinafter “Defendant C&C”) is a company that is entrusted by the Defendant’s representative council with the repair management, etc. of the portion of the instant condominium.

B. On July 20, 2014, the Plaintiff leased 107 units of the instant aggregate building from C and D as of July 20, 2014, with a deposit of KRW 30 million, monthly rent of KRW 4 million, and the period of July 31, 2016.

From around that time to August 25, 2014, the Plaintiff paid KRW 39,650,000 in total from July 31, 2014 to September 1, 2014.

On August 14, 2014, the Plaintiff registered its business with the head of the Suwon Tax Office on September 10, 2014 and 107 at the place of business.

C. The instant aggregate building has an indoor golf practice jointly used by occupants as ancillary and welfare facilities for the occupants.

On the floor of the indoor golf range, two holess have not been combined in the construction of the instant condominiums, and the said hole was connected with 106 and 107 of the instant condominiums.

On August 25, 2014, the width of the instant aggregate building was caused by high rainwater into the indoor golf range floor, and the rainwater was damaged to the extent that it could not be used by an ombudsman through the hole 107.

(hereinafter referred to as the instant accident, the circumstances surrounding the instant accident also refer to the attached Form. e.

On September 5, 2014, the Plaintiff agreed on the lease of C, D, and 107, and waived the two-point business in 107.

(f) The holes in an indoor golf range are added on that part.