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(영문) 서울중앙지방법원 2015.05.21 2014가합542714
손해배상(기)
Text

The Defendants jointly share KRW 123,016,718 to the Plaintiff, as well as 5% per annum from April 16, 2015 to May 21, 2015.

Reasons

Basic Facts

The defendant B Building Management Committee (the management body; the defendant management body; the defendant management body) is a management body comprised of sectional owners of the building of this case for the purpose of implementing the project on the management of the land buildings of this case in Gangnam-gu Seoul (hereinafter referred to as "the building of this case") and its site and accessory facilities in accordance with the "Act on Ownership and Management of Condominium Buildings"

Defendant C, the representative of Defendant C’s management body, and Defendant D, the general secretary of Defendant C’s management body, respectively, was appointed at the general meeting of the management body on May 3, 201.

On April 23, 2012, the Plaintiff purchased No. 101 of the first floor among the instant building (hereinafter “instant store”) and completed the registration of ownership transfer on May 31, 2012. At the time, the use of the instant store was “business facilities” under the Building Act.

On October 18, 2012, the Plaintiff changed the use of the instant store to “Class II neighborhood living facilities (general restaurants)” upon obtaining permission for change of use from the Gangnam-gu Office.

On November 1, 2012, the Plaintiff leased the instant store to F, and F began on November 28, 2012 to engage in general restaurant business in the name of “G” at the instant store.

However, according to the management rules of the defendant management body, the defendants can only use the store of this case as business facilities or office, and can not use it as general restaurants, and only the basement store of this case can install air conditioners, etc., and the ground floor store of this case cannot install air conditioners, etc., and the ground floor store of this case was prevented from installing air conditioners, etc. on December 8, 2012. On December 15, 2012, when the above sewerage connection construction was strong, the supply of electricity to the store of this case was prevented, and on December 18, 2012, the plaintiff side installed a fence and entrance in the instant steel pool of this case so that air conditioners, LPG containers, etc. cannot be installed in the instant chemical of this case.

2.3.

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