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(영문) 서울고등법원(춘천) 2017.07.19 2016나504
부당이득금
Text

1. The part against Defendant C in the judgment of the first instance is revoked, and the Plaintiff’s claim against Defendant C is dismissed.

2...

Reasons

1. As to “1. Recognition” and “a summary of the Plaintiff’s assertion” cited in part of the judgment of the first instance, the relevant part of the reasoning of the judgment of the first instance shall be cited pursuant to the main sentence of Article 420 of the Civil Procedure Act.

2. Determination

A. There is no dispute between the parties that there is no discussion or decision on the removal of the pipelines of this case in the minutes of the council of occupants' representatives concerning the removal of the pipelines of this case. However, in full view of the purport of the entire pleadings in the testimony of the first instance court witness I, G's testimony, F's testimony, part of the testimony of the witness J, the council of occupants' representatives was deliberated on May 22, 2012. During that process, I, who was in charge of the director of the management office of other apartment complexes converted from the representative of the apartment of this case to individual heating near the apartment of this case and the manager office of the apartment of this case, made a statement to the effect that "the cost of removing the pipelines is much needed to separate the waste pipelines," while G's statement to the effect that "the cost of removing the pipes is high among the pipelines" to the effect that "the cost of removing the pipes of this case is high," the council of occupants' representatives should be considered to include the removal of asbestos to the head of the management office, and it should be viewed to the above part of G's.

(F) Recognizing that there is a request for the above I’s statement or G verification, etc., the F who attended the above conference but did not conclude the removal of pipes at the time.

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