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(영문) 서울중앙지방법원 2017.06.22 2016가합527184
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Determination as to the cause of claim

A. The Plaintiff’s assertion that the Seolim Housing Management Co., Ltd., the managing body of the Jung-gu Seoul Jung-gu B apartment, has a duty of care not to keep chemical parts that could obstruct passage of people or bicycles at a place where people pass, but in violation of this duty, display chemical parts on the passage of the said 7-dong central stairs of apartment.

Accordingly, the Plaintiff, a resident of the above apartment, was able to see the bicycle on the left side and sprinked up to the fireproof part, protruding up to the boundary wall of the disabled lamps of the apartment entrance (hereinafter “the chemical part of this case”). During that process, the Plaintiff, a resident of the above apartment house, was able to see the floor as his hand, and turned down the chemical part made by sprinking it into the shoulder.

(hereinafter “instant accident”). Therefore, as the user of Seocho Housing Management Corporation, the managing body of B apartment, the Defendant is obligated to compensate the Plaintiff for the damages incurred by the instant accident due to the failure to manage common areas of the Seocho Housing Management Corporation.

B. Determination 1) The former Housing Act (amended by Act No. 12959, Dec. 31, 2014; hereinafter the same applies)

Article 42(1) of the former Housing Act (Management, etc. of Collective Housing) (1) The management entity shall include incidental facilities and welfare facilities.

The same shall apply to this Article.

section 2(c) of the former Housing Act(Definition 14(hereinafter referred to as the "managing Body") provides for the management obligation of the Managing Body under this Act or any order issued under this Act. The term "managing Body" means any of the following persons who manages the collective housing:

(c) Article 53 (1) provides a housing management operator as a management entity by a housing management operator under Article 53 (1), and Article 43 (8) of the said Act.

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