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(영문) 대구고등법원 2015.03.12 2014나3284
손해배상(기)
Text

1. The plaintiff's appeal against the defendants is dismissed.

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

purport, purport, and.

Reasons

1. The facts following the facts do not conflict between the parties, or can be acknowledged in full view of Gap evidence Nos. 1 and 6 (including the whole number; hereinafter the same shall apply) and the whole purport of the pleadings.

The plaintiff is the council of occupants' representatives consisting of each Dong representative of the A apartment in Gyeongsan-si (hereinafter referred to as the apartment of this case).

Defendant B served as the managing director of the instant apartment from January 2009 to July 2013, and Defendant C served as the managing staff of the management office from April 2007 to August 2013.

B. The main contents of the management rules of the apartment of this case are as follows.

Article 39 (Composition of Autonomous Management Organization) (1) Where occupants, etc. decide as autonomous management, the council of occupants' representatives, which is a resolution body, and the management body which is an execution body (referring to the head of the management office which is the representative

Article 47 (Duties of Managing Body) (1) The managing body shall perform the duties falling under any of the following subparagraphs pursuant to Article 43 (8) of the Enforcement Decree of the Housing Act (1) Article 55 (Duties, etc. of Managing Body)

In such cases, common areas of multi-family housing may be used to the necessary extent.

1. Maintenance, repair and safety management of common areas of multi-family housing (hereinafter omitted) and duties under Article 25 of the Rules, and "execution of matters stipulated by the rules" in Article 55 (1) 5 of the Decree means the following matters:

Article 53 (Responsibility and Duties of Managing Body) (1) The Managing Body shall have the responsibility and duty to execute its duties as a good manager.

(2) Where any management authority and its employees have inflicted damage on occupants, etc. or any third party by intention or negligence in connection with their duties, they shall be liable to compensate for such damage.

2. Part concerning the claim against the defendant B regarding the joint water supply charge;

A. The plaintiff's assertion that "Defendant B" is the apartment of this case from the plaintiff.

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