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(영문) 인천지방법원 부천지원 2018.01.10 2016가단118082

손해배상(기)

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a party’s relationship 1) The Plaintiff is a 2nd underground floor and the 8th floor F building on the ground located in Bupyeong-si, Seocheon-si E (hereinafter “instant building”).

(2) Defendant B management body (hereinafter “Defendant B management body”) is a management body established by consisting of sectional owners of the instant building, and Defendant C is a person who engages in real estate management business under the trade name of J and entered into an entrustment contract with Defendant B management body on October 30, 2012 and is delegated with the duties concerning the management, etc. of the said building.

3) On June 14, 2015, the Defendant management body held a meeting of the management body and appointed K as a manager. Since K resigned on November 2015, it held a management body meeting and appointed Defendant D as a manager on November 29, 2015 and on March 8, 2017, when the lawsuit in this case is pending, Defendant management body was appointed as manager. (b) Defendant management body requested the Plaintiff to pay unpaid management expenses on January 10, 2015, but the Plaintiff refused to pay them for three months or more, according to the previous resolution that the Plaintiff did not pay the unpaid management expenses, the Defendant management body issued a short-term measure from January 10, 2015 (hereinafter the first short-term measure).

2) On June 14, 2015, the Plaintiff prepared a written confirmation that “unpaid management expenses after the short period shall be deposited into a new passbook, and the pre-existing management expenses shall be dealt with by the meeting.” Accordingly, on June 14, 2015, the Defendant management body held a management body meeting on June 14, 2015 and passed a resolution to supply electricity to the three stores located in the short period of the measures taken, including the Plaintiff. 3) Around July 2015, the short period of the measures taken against the Plaintiff store was revoked, but the Plaintiff did not pay the unpaid management expenses and the subsequent management expenses.

C. The Defendant managing body of the second short-term measure is the Defendant managing body of the second short-term measure on November 29, 2015 and 30.