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(영문) 청주지방법원 2019.07.10 2016가합20456
특별수선충당금 반환 등 청구
Text

1. The Defendants jointly share KRW 1,729,325,190 with respect to the Plaintiff and the period from April 9, 2013 to July 10, 2019.

Reasons

Facts of recognition

The related plaintiff of the parties is a management body comprised of sectional owners of the fourth underground floor and the nine-story aggregate building A(hereinafter referred to as the "instant commercial building") located on the land of Goi-si, Goi-si.

Defendant B (hereinafter “Defendant Company”) was established on March 28, 2002, and was appointed as the Plaintiff’s custodian around that time. From that time, the management of the instant commercial building was ordered on January 18, 2013 by Cheongju District Court 2012Gahap3811. On February 1, 2013, the Daejeon High Court 2012Ra72 decided to suspend the performance of duties and appoint E as the acting agent. On February 14, 2013, the above dismissal decision became final and conclusive on February 14, 2013, the management of the instant commercial building was terminated on March 31, 2013.

On July 14, 2011, Defendant C, the representative of Defendant C, was appointed as an internal director, and overall control over the management and management of the instant commercial building, imposition, collection, deposit, use, etc. of management expenses.

According to the Plaintiff’s regulations on the management of each embezzlement of this case by Defendant C, a lessee who rents a sectioned building from a sectional owner or a sectional owner (hereinafter referred to as “sectional owner, etc.”) shall pay special repair reserve funds necessary for replacement, large-scale repair, etc. of main facilities of the building.

(Article 36 subparag. 1). Defendant C collected special repair reserve funds from the sectional owners, etc. of the instant commercial building on February 28, 2013 pursuant to the aforementioned provisions, and transferred KRW 500,000,000 to the KF account in the name of the Defendant Company, KRW 500,000,000 to the KF account in Korea, and KRW 500,000,000 to the KF account in Korea, and KRW 76,690,656 to the KF account in Korea, and KRW 1,576,69,690,656 to the KF account in Korea on April 8, 2013, when the Defendant Company was dismissed from the Plaintiff’s manager, and transferred the same amount to the KF account in Korea on February 28, 2013, and transferred it to the KF I bank account in Korea.

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