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(영문) 부산지방법원 2015.11.26 2015가단209619
비용상환 청구 등
Text

1. The Defendants, with respect to each of the above amounts of KRW 9,370,370 and each of the above amounts to the council of occupants' representatives of Plaintiff A Apartments, Defendant B shall be liable for the said amount.

Reasons

1. Facts of recognition;

A. The status of the party (1) The council of occupants' representatives of Plaintiff A Apartment (hereinafter referred to as the "Plaintiff representative council") is an autonomous management body composed of five and forty-one-six households occupants of the five and forty-one-six households pursuant to the Housing Act and the Enforcement Decree of the same Act to manage the A Apartment located in Busan Young-gu D (hereinafter referred to as the "instant apartment"), and the management office of Plaintiff A Apartment is the management office of the instant apartment.

(2) The Defendants are the occupants of the instant apartment, and Defendant B is the sectional owners of the instant apartment No. 105, No. 704, and Defendant C is the sectional owners of the instant apartment No. 105, No. 2004.

B. During the process of the payment of compensation for losses and the transfer of public facilities (1) as part of the apartment site in this case, 444.9m2 among the apartment site in this case was incorporated into an urban planning (the E-Expansion project implemented in Busan Metropolitan City), and thus, the compensation for losses was paid to the owners

(2) On the other hand, as seen above, when public facilities such as play grounds, water tanks, transformers, and emergency power generators, which were installed on the wind where part of the apartment site of this case is expropriated, have to be installed, the representative meeting of the Plaintiff purchased the Fband-gu Busan Metropolitan City, which is the city maintenance, and installed a water tank, and purchased the land Gband-gu, Busan, which is the state-owned land, and installed the above public facilities.

C. (1) On October 30, 2014, the Plaintiff’s representative meeting on the receipt of compensation for losses (1) uses the building as a sufficient space and play room for the rooftop of the building by leaving the building on the acquired site to the instant apartment owners; electricity rooms and pumps are currently used and electricity pumps are relocated to the right side of the electricity room; three water tanks are installed inside the building newly constructed on the incorporated site; the first underground floor is used as common facilities for occupants, such as a small meeting room and resting room; the second underground floor is used as physical training room and the second underground floor.

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