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(영문) 부산지방법원 2016.11.30 2015나49801
손해배상(기)
Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

2...

Reasons

Facts of recognition

A. The Plaintiff and the Defendant are the occupants of Busan Shipping Daegu Czera (hereinafter “the instant loan”).

B. On March 30, 2014, the Defendant, who was open on March 30, 2014, was elected as a general secretary at the neighborhood meeting of the occupants of the instant loan, and was in overall in charge of the instant loan management, including the collection of management expenses, from April 11, 2014.

C. A total of 17 households have moved in the loan of this case, and the occupants have paid 2.60,000 won per month.

The Plaintiff was a resident of the instant loan No. 204, and on March 30, 2014, at the time when the neighbor’s meeting was held, the Plaintiff unpaid management expenses for a portion of eight months until he/she reaches the meeting, and on November 7, 2013, a voluntary auction was commenced regarding the building No. 204 on November 7, 2013.

On March 30, 2014, the residents of the loan of this case decided to post a demand notice for the payment of management expenses to the plaintiff three times at intervals of 10 days between April and April at the open neighborhood meeting.

E. On April 1, 2014, D, which had been at the time, posted a demand notice stating that “The inconvenience of residents, such as the extension of the fixed number of household maintenance expenses due to the long-term default on the management expenses, is deepened. When continuing the management expenses, D, which may be disadvantaged by fraction, etc. under Article 3(2) of C, of C, C, Management Rules, may be disadvantaged by April 10, 201.”

F. The Defendant posted a demand notice on the wall of this case, the wall of which people can see at least nine times in total, on April 15, 2014 (j), April 21, 2014 (j), May 7, 2014 (j), May 22, 2014 (j), May 5, 2014), June 5, 2014 (j), June 18, 2014 (j), July 4, 2014 (j), July 19 (j), July 8, 2014), and August 1, 2014 (j).

(g) On July 9, 2014, E awarded the instant loan No. 204 and completed the registration of ownership transfer as to the said No. 204 on the same day, and the Plaintiff continues to do so.

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