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(영문) 서울중앙지방법원 2016.06.24 2015가단104181
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be incidental to the participation.

Reasons

1. Basic facts

A. The Plaintiff is the council of lessees’ representatives under the Rental Housing Act consisting of the representatives of each building of A Rental Housing Complex (No. 201 Dong, No. 161 household) located in Jung-gu, Seoul (hereinafter “instant rental apartment”) that is constructed and supplied by the Rental Business Operators EP Corporation.

B. On April 29, 2013, Defendant B won the election of the representative of each building of the Plaintiff’s representatives’ representatives’ representatives’ representatives’ representatives to the representatives of each building of the third constituency (a constituency consisting of one constituency for every five floors among the 15 floors, and a total of three representatives by a two-year term of office is elected: Provided, That in the above election, only two persons meeting the majority requirement are elected to the representatives of each building), and around that time, Defendant B was elected as the chairperson of the Plaintiff’s representatives

C. On August 26, 2013, Defendant Western Housing Management Co., Ltd. (hereinafter “Defendant Western Housing Management”) entered into an entrustment contract with SP on a multi-family housing management contract with the said consignment contract during the period from September 1, 2013 to August 31, 2015, and performed multi-family housing management affairs, including the maintenance and repair of common areas, ancillary facilities and welfare facilities of the instant leased apartment, and various other facilities.

Defendant Seocho Housing Management was appointed as the director of the management office of the rental apartment in this case by the Intervenor joining the Defendant, and the Defendant Intervenor served as the director of the management office of the said apartment until March 2015.

E was elected as a new chairperson of the council of lessees' representatives around May 2015.

[Ground of recognition] Facts without dispute, Gap evidence 12, Eul evidence 21, Eul evidence 1-1 and 2-2, the purport of the whole pleadings

2. The Defendants asserted that they were liable to compensate for the damages jointly and severally, and the sum of the amount to be compensated is KRW 20,784,500, as follows.

The Defendants amounting to KRW 4,290,000, from the entrance door of the rental apartment in this case to the elevator entrance.

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