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1. The council of occupants' representatives of Defendant F apartments shall each be comprised of KRW 36,743,037, and KRW 20,153,258 against Plaintiff A and KRW 20,153,258.
Reasons
In fact, Defendant D is the owner of Songpa-gu G and F apartment 303 Dong, and Defendant E is the owner of Defendant D’s children who leased and used the above 303 unit.
The council of occupants' representatives of Defendant F apartments (hereinafter referred to as the "Defendant's representative council") has entrusted the management of the above apartment by entrusting it to the Seocho Housing Management Corporation, which is a housing management operator, which is composed of occupants to manage the above apartment.
Defendant E entered into a director agreement with Plaintiff A who operates a director company.
On January 26, 2015, Plaintiff A’s employees moved to said 303, and died on February 3, 2015, when Plaintiff A’s wife I (hereinafter “the deceased”) gets off the balcony 303 and shut down the balcony gate with a rail, and then fell on the floor along with a rail (hereinafter “instant accident”) (hereinafter “instant accident”).
At the time of the accident in this case, the balcony rail was melted and worn out.
Plaintiff
A is the husband of the deceased, and the plaintiff B and C are the offspring of the deceased.
[Reasons for Recognition] There is no dispute, Gap evidence Nos. 1-6, Eul evidence No. 2-1 and 2-2, and defects in the above balcony railing in the purport of the entire pleadings were found to have been melted and worn out, and thus there was a defect in its preservation.
According to Article 55 (1) 1 of the Enforcement Decree of the Housing Act, if the defendant's representative council is responsible for the management of the defendant's council of occupants' representatives, the part of maintenance, repair, and safety management entrusted to the Seolim Housing Management Co., Ltd., which is a housing management operator, is the common areas of the above apartment, and if the defendant's representative council intends to compensate for tort due to the breach of
In full view of the following, it is reasonable to view that the section for exclusive use is a balcony, but the balcony rail is an apartment.