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(영문) 춘천지방법원 2018.01.10 2016가단76
손해배상(기)
Text

1. The Defendant shall pay to the Plaintiff KRW 8,896,550 and the interest rate of KRW 15% per annum from January 21, 2016 to the day of complete payment.

Reasons

1. Facts of recognition;

A. The Plaintiff is a cooperative established to implement a housing reconstruction improvement project (hereinafter referred to as “instant apartment”) located within the jurisdiction of Chuncheon City, which was established in order to implement a housing reconstruction project, and was authorized to establish an association on September 21, 2007 from the Chuncheon City, May 8, 2008, the authorization to implement the project was granted on February 2, 2015, and accordingly publicly announced on February 4, 2015 from February 4, 2015 to March 7, 2015. The Plaintiff obtained the authorization to implement the management and disposal plan from the Chuncheon City on June 15, 2015.

B. However, 23 households listed in the separate sheet (hereinafter “instant 23 households”) lost the status of a person eligible for parcelling-out because they failed to file an application for parcelling-out by March 7, 2015, which is the final date for application for parcelling-out, even after being notified by the Plaintiff of the period for application for parcelling-out, and accordingly became subject to cash settlement by losing the status of a member.

C. On December 12, 2014, the council of occupants’ representatives of the instant apartment complex (the presidentD at the time) held a temporary council of occupants’ representatives and decided that “members of a household” under the same week shall pay the long-term repair appropriations for each household on the basis of a clear list of members who sent to the management office in the Plaintiff reconstruction association, such as a separate sheet (no separate document was submitted).”

On the other hand, on December 15, 2014, the apartment management office of this case sent to the Plaintiff a request for cooperation, stating that “The management office would pay the return of the long-term repair appropriations to the owner of the household who confirmed the relocation, as explained in the guide of immigration application. The management office sent to the Plaintiff a request for cooperation, stating that the relocation expenses are paid and the list of the owners of the household (members) whose relocation is certain are periodically notified to the management office in the following forms, so that the management office may pay the long-term repair appropriations to the current owner without any error.”

The Plaintiff moves from December 15, 2014 to May 29, 2015.

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