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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. Basic facts
A. The Plaintiff is the owner of Daejeon Jung-gu Btel No. 1306 (hereinafter “the instant officetel”), and the Defendant is a non-corporate body composed of sectional owners for the self-management of the said Btel.
B. The Plaintiff, the actual owner of the instant officetel, was the father D residing in the instant officetel. D did not pay management expenses from July 2007, but did not enter the entrance.
C. The Defendant had several contacts with the Plaintiff and D but did not contact. As to the instant officetel until May 2009, the unpaid management fee and late payment charge amounting to approximately KRW 430,00.
At the time of doing so, E and F, who were the chairperson of the Defendant’s Self-Governing Management Committee (hereinafter “E, etc.”) had the key repair hole at the end of May 2009, removed the correction device of the instant officetel entrance, and transferred D articles, including books, chairss, and small waves, to the Btel underground airspace, and then disposed of the said articles around October 2009.
From the beginning of June 2009, the Defendant had G use the instant officetel.
G used the instant officetel as the office from that time to April 2013, and the Defendant received management expenses each month from G.
E. E, etc. was sentenced to a fine on September 6, 2013 in the Daejeon District Court Decision 2013DaMa9888 due to the act of unauthorized entry and damage to property of the instant officetels, and the said judgment became final and conclusive thereafter.
[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2, Gap evidence 2, 4, 6 through 8, Eul evidence 1-4, 8, 9, and the purport of the whole pleadings
2. Judgment on the plaintiff's claim
A. The assertion 1 E, etc., without permission in the instant officetel, removed objects equivalent to KRW 19,425,00 from electronic equipment, etc. and disposed of at will.