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(영문) 인천지방법원 2016.02.19 2014가단39434
손해배상(기)
Text

1. The Defendant’s KRW 9,913,370 and KRW 7,913,370 among the Plaintiff and KRW 5% per annum from October 9, 2013 to February 19, 2016.

Reasons

1. Basic facts

A. The plaintiff is a person who resides in Seo-gu Incheon Metropolitan Government B apartment (hereinafter "the apartment of this case") 23 Dong 301, and the defendant is a council of occupants' representatives comprised of occupants for the purpose of managing the apartment of this case.

B. On December 29, 2010, the Defendant entered into an entrustment contract for the management of the instant apartment (hereinafter “instant entrustment contract”) with the Korea Light Management Co., Ltd., a housing management operator (hereinafter “Nonindicted Company”), setting the contract term from November 1, 2010 to October 31, 2013. The main contents are as follows.

Article 2 (Objects of Entrusted Management of Multi-Family Housing) The objects of entrusted management of this contract shall be the following common areas of multi-family housing, etc. determined by the defendant's management rules

Address (Location): Seo-gu Incheon Metropolitan City B

1. Number of buildings: 40 buildings;

2. The number of households: 920 households.

3. Management area: 85,316,09 square meters;

4. Other ancillary facilities: Article 3 (Entrustment Management Affairs) (1) The management affairs entrusted by the defendant to the non-party company shall be as follows, and the non-party company shall be responsible for the management affairs under the Housing Act and subordinate statutes:

1. The following management entities prescribed in each subparagraph of Article 55 (1) of the Enforcement Decree of the Housing Act:

(a) Maintenance, repair and safety management of common areas of the collective housing;

(b) Guard, cleaning, disinfection and garbage disposal within the collective housing complex;

(c) Collection of the management expenses and fees, and vicarious payment of public imposts;

(d) Collection, accumulation and management of long-term repair appropriations;

(e) Enforcement of the matters determined by the management rules;

(f) Execution of matters resolved by the council of occupants' representatives;

2. The following management entities prescribed in each subparagraph of Article 25 of the Enforcement Rule of the Housing Act:

(a) Disclosure and publicity of the management affairs of collective housing, and guidance and enlightenment on the method for using common facilities;

(b) Land, incidental facilities and welfare within the collective housing complex which are offered for the joint use of occupants, etc.;

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