(영문) 서울남부지방법원 2015.06.26 2015나50977

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(영문) 서울남부지방법원 2015.06.26 2015나50977

구상금

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1. Revocation of a judgment of the first instance;

2. The Defendants jointly share KRW 7,403,990 on January 15, 2013 to the Plaintiff.

Reasons

In light of the above legal principles, the court below erred by misapprehending the legal principles as to the establishment of tort liability under Article 14 of the Civil Act, and by misapprehending the legal principles as to the establishment of tort liability under Article 14 of the Civil Act, it did not err by misapprehending the legal principles as to the establishment of tort liability under the Civil Act.

C) Even if the Defendants are liable to compensate for damages against the Plaintiff, this constitutes a separate obligation. B) According to the overall purport of the entries and arguments in Evidence Nos. 2, 9, 10, and Evidence Nos. 1, 2, 3, 5, 6, 7, 9, 12, and 14, and 15, the following facts are acknowledged. (1) The main contents of the Building Management Rules are as follows.

Article 4 (Management Organization) (1) In order to achieve the purpose of Article 1, sectional owners may select representatives by floor in proportion to the horizontal number of sectional owners by floor and form a management organization composed of representatives by floor.

* If the representative of each floor has become aware of the appointment, he/she may be excluded from the number of persons.

(2) The management body committee shall determine the matters determined by these rules as a resolution body, and the management body shall faithfully perform the relevant Acts and subordinate statutes, these rules and the matters determined by the management body committee with the fiduciary duty as an executive body.

Article 15 (Representatives of Residents by Floors) (1) Residents shall elect the chairperson of the management body.

Article 16 (Composition of Managing Body Committee) (1) The Managing Body Committee shall consist of representatives of occupants.

(2) The managing committee shall have the following executives:

1. One chairman;

2. One secretary;

3. Three auditors.

4. Five members shall be elected with the consent of a majority of the management committee.

(4) The term of office of executive officers may be the same as that of a member of the management body meeting and may be reappointed.

(5) An executive officer shall be disqualified when he/she becomes disqualified as a representative of occupants, and a managing body committee in cases falling under any subparagraph of paragraph (7).

유사 판례

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-부산지방법원동부지원 2019.05.14 2018가단201322

-서울남부지방법원 2015.11.27 2014가합11810