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(영문) 수원지방법원안양지원 2016.10.28 2015가단14356
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant is the head of the management office of the C management body of the C building in Seongbuk-gu, Sungnam-si, and the Plaintiff is a person who runs a livestock product processing wholesale business in the 115 room underground of the said building.

B. On June 9, 2015, the Defendant rendered a short disposition two times from 10:30 to 11:00 on the ground of the Plaintiff’s delinquency in payment of management expenses, and from 13:30 to 14:00 on two occasions.

C. Article 12 of the C Management Rules provides, “If a sectional owner, etc. fails to perform a duty under the regulations or commits an act violating the regulations, a managing body (a building management company or a sectional owner’s autonomous management body) may take necessary measures, such as a short circuit, a fraction, a complaint against a related agency, etc., by obtaining a resolution of the management committee.”

[Ground of recognition] Facts without dispute, entry of evidence No. 14, purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The plaintiff's assertion was made by the defendant against the plaintiff, who is the lessee of the 115 unit underground above the above building on the ground that the management expenses for the common use area of the previous owner of the 115 unit underground above the above building were overdue, and this is an unlawful measure.

As a result of the Defendant’s illegal short-term measures, the Defendant shall compensate the Plaintiff for damages equivalent to KRW 1,29,200,000 in Alankdong 1,20,000 in Switzerland, Switzerland 1,200,000 in Switzerland, and 1,229,200 in Hadin Hadon 1,29,200 in Hadon Hadon, 2,50,000 in Madon alan, and 12,000 in alan, and KRW 15,00,000 in Dadon Dadon 15,000,000 in Dadon 136,50,000 in Hadon alan, and 3,600,000 in total in 3,60,00 in total in 20,00 in total in terms of trade losses and personnel expenses.

B. In order for a measure such as power failure or power failure to constitute a tort as a legitimate act, there must be legal or contractual grounds, and the motive, purpose, means and method of the measure, the circumstances leading to the measure, and the situation leading up to the measure, thereby the occupant was incurred.

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