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(영문) 서울남부지방법원 2016.12.09 2016나57609
약정금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. The Plaintiff is the lessee who resided in the Gangseo-gu Seoul Metropolitan Government C Apartment (hereinafter “instant apartment”) 501, composed of one Dong from November 2005 to June 2009 and 38 households, and the Defendant is also the council of occupants’ representatives and the management body of the instant apartment.

B. On August 11, 2006, 2006, the Housing Construction Co., Ltd. (hereinafter “Slun Construction”) implemented D Construction near the instant apartment, and the occupants of the instant apartment were engaged in a demonstration on the instant apartment due to construction in order to receive compensation for damages, such as noise and vibration, which would be likely to be injured on the instant apartment due to the construction. During that process, 36 households residents of the said 38 households prepared a written consent from the residents (hereinafter “the consent from the residents of this case”).

The residents of the B Apartments are ratified and consented to the following matters:

1. Matters to be resolved at a general meeting: The management of apartments shall be autonomously managed by residents;

(4) The executive organ shall consist of a president of the board of directors of 803; an auditor of 401; a secretary of the board of directors of the Republic of Korea of 501; and a representative of Dra, 201; 302; or 104.

(5) Negotiations on damage arising from a lot construction project shall be delegated to an execution department.

2. Matters to be resolved by the executive organ: (1) A strike for negotiations on damage with a lot construction shall be developed with the consent of all the residents.

(2) The allocation of compensation for damage caused by a lot construction project shall be 50% of the number of seats in the assembly, expenses incurred in the strike, repair and maintenance, and 40% of the total amount of compensation for damage, and 10% of the total amount of compensation for damage.

C. On the other hand, on the other hand, on December 26, 2007, the Lot Construction signed an agreement between E, F, G, H, I, and J with the authority to receive agreements and agreements from the occupants of the instant apartment on December 26, 2007, which stipulates that the amount of KRW 60 million shall be deposited into the Defendant’s account on January 15, 2008, including the current tenants and subsequent tenants, shall be deposited into the Defendant’s account on January 15, 2008 (hereinafter “instant agreement”). Accordingly, on January 15, 2008, the instant agreement does not exceed KRW 60 million to the Defendant.

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