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(영문) 부산고등법원 2020.10.28 2019나57735
손해배상(환)
Text

1. The plaintiff (appointed party)'s appeal is dismissed.

2. The council of occupants' representatives in this Court shall be the selected C Apartment.

Reasons

1. The reasoning of the court of first instance’s acceptance of the judgment is as stated in the reasoning of the judgment of first instance, except for cases where the judgment is used or added as follows, and thus, it shall be cited pursuant to the main sentence of Article 420 of the Civil Procedure Act

2. The part of the judgment of the court of first instance in which the dismissal or addition is made is as follows. The part of the plaintiff's assertion " 2.C." (the part from 4, 19 to 5, 5) shall be as follows.

“C. Therefore, the Defendant is obligated to pay KRW 30,724,734, and KRW 42,341,734, which is the managing body of the instant apartment complex, as well as the cost of KRW 11,617,00,00, which would be incurred to repair the damage to the section for common use. Even if the representative council is unable to exercise the right to claim damages to the section for common use, the Defendant is obligated to pay KRW 30,724,734, which would be incurred to compensate the damage to the section for common use in proportion to the amount of each of the lots for common use (the detailed description is the same as the statement of the amount of preliminary claim for damages for common use in attached Form 3) to the selector who is the sectional owner of the instant apartment.

(3) The plaintiff's representative meeting is obligated to pay KRW 9,118,225 to the plaintiff's representative meeting of the plaintiff who has acquired the right to claim damages equivalent to the total amount of KRW 9,118,225 from some sectional owners of the apartment of this case (attached Form 5) other than the above designated parties (the statement on the details of assignment of the assignment of the assignment of the assignment of the assignment of the assignment of the assignment of the assignment of the assignment of the assignment of the assignment of the assignment of the assignment of the assignment of the assignment of the assignment of the assignment of the assignment of the assignment of the apartment of this case, and KRW 11,617,00 already paid by the designated party's representative meeting

Among the representatives of each Dong elected, the spouse and lineal ascendants and descendants who are not owners of "occupants" may also be included.

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