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(영문) 의정부지방법원 2020.10.06 2019가단14509
손해배상(기)
Text

The plaintiff's claims against the defendant (appointed party) and the designated party are all dismissed.

Litigation Costs are assessed against the Plaintiff.

Reasons

1. Basic facts

A. The plaintiff operates the Do Government-si C Building 17 with the mutual name “D” from the 17th floor, and the Selection C Management Body is a management organization consisting of representatives from each floor of each floor of the above C, the defendant (Appointed Party) is a managing body that is the representative of the Selection C Management Body, the Selection E is an enterprise that has been awarded a contract for building management by the Selection C Management Body, and the Selection F is an employee of the Selection E.

B. When the Plaintiff’s management expenses remain unpaid and led to more than 300 million won, the Defendant (Appointed Party) took measures to cut off and cut off the Plaintiff’s wale in accordance with the management rules, etc., and the Plaintiff operated the wale by means of drawing electricity from outside or drawing electricity supplied to the other floor of the C Building, etc. The Defendant (Appointed Party) and the Selection Party’s employees, etc. were to stop electricity connected without permission.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 5, the purport of the whole pleadings

2. The assertion and judgment

A. The main point of the Plaintiff’s assertion is that the Defendant takes measures to cut electricity and cut off on the ground of the unpaid management expenses of the Plaintiff, prevents the Plaintiff from operating the elevator up to 17 floors, publicly announce the cutting and cutting off in the place of business, and actively interferes with the Plaintiff’s business beyond a reasonable scope, such as obstructing the Plaintiff from drawing and using electricity outside the place of business. Therefore, the Defendant is liable

B. The following circumstances, which are acknowledged by comprehensively taking account of the facts acknowledged earlier and the purport of the entire pleadings, i.e., the use and use of a condominium building into account the intent of sectional owners, and measures, such as power failure and suspension of a building, which are not a house, do not adversely affect the life of the sectional owners, and thus, do not affect the life of the sectional owners.

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