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(영문) 대전지방법원 2018.06.27 2017가단203272
손해배상(기)
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiffs and Defendant I, including the status of the parties, are the occupants of the Seo-gu Daejeon apartment (hereinafter “instant apartment”) and the council of occupants’ representatives of the Defendant J apartment (hereinafter “Defendant’s representative council”) are the council of occupants’ representatives of the instant apartment that is constituted under the Multi-Family Housing Management Act in order to determine important matters concerning the management on behalf of the occupants, etc. of the instant apartment.

B. The Defendant’s council of occupants’ representatives filed a lawsuit against the Plaintiffs on December 29, 2014, the Defendant’s council of occupants’ representatives (hereinafter “Defendant’s council”) asserted that “the Plaintiff is a person who organized the construction promotion committee for the individual heating conversion and water supply pipeline replacement work of the instant apartment building (hereinafter “instant construction”) and performed the instant construction work, even if he did not actually perform the construction work, the construction cost is calculated as construction cost, and the cost is different even if the construction work is actually executed. The Plaintiffs breached their duties by paying construction cost without verifying whether the instant construction work was executed according to the design drawing, etc., and thereby causing damage to the Defendant’s council of occupants’ representatives.” (ii) The Daejeon District Court dismissed all the Plaintiffs’ claims against the Defendant’s council of occupants’ representatives in the instant case on August 20, 2015, and the Defendant’s council of occupants’ representatives appealed appeal to the same effect as the Defendant’s council of occupants’ representatives revoked on September 1, 2015.

C. On August 30, 2013, 13, including Defendant I, etc., who submitted the written petition by Defendant I, etc., who had the Plaintiffs as the respondent, the council of occupants' representatives constituted a primary heating promotion committee and infringes on the authority of the management body, and the meeting is held while performing large-scale construction works.

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