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(영문) 대구지방법원포항지원 2017.06.13 2016가단4479
손해배상
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. A apartment located in North-gu D (hereinafter “the apartment of this case”) at the time of the port of the basic fact is an apartment that had been operated and operated for about 30 years, and the total number of households is composed of 98 households and most senior citizens.

The plaintiff, as a management body of the apartment of this case, has been operating as a management body of the apartment of this case, with the head of the first Ban, the two head of the second Ban, the three head of the Dong, and the entire Dong to manage and manage the management expenses received from residents.

In ordinary times, the plaintiff has been proceeding with each other's neighbor's meeting. However, when large-scale construction works, etc. of the apartment of this case are carried out, the plaintiff has been holding the total neighbor's meeting to be present and discussed.

Defendant B performed the duties of the head of the operation team of the instant apartment from May 2013 to July 2015, and Defendant C, as Defendant B’s children, has been performing the general duties of the instant apartment from September 2014.

Around September 2014, Defendant C entered into a contract for construction works on behalf of the instant apartment (hereinafter “instant construction works”) with the owner of the instant apartment at KRW 33,00,000 for the cost of construction works, such as pressure improvement, waterproof, etc. (hereinafter “instant repair works”). Around September 23, 2014, the instant construction works commenced the instant repair works around September 23, 2014.

However, among the apartment buildings of this case, some residents raised an objection upon the commencement of the instant repair work, and on September 29, 2014, the general neighborhood meeting (hereinafter “the General neighborhood meeting of this case”) was held.

In the general neighborhood meeting of this case, 74 households among the 98 households were present, and Defendant C explained to the participants of this case about the necessity of the instant repair work, the selected construction company, construction cost, etc. In addition, “the landscape architecture construction works, such as cutting old trees of the apartment complex of this case, etc.”

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