beta
Text
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. The facts subsequent to the facts of recognition may be found either in dispute between the parties or in full view of the entries in Gap evidence 1 to 6, Gap evidence 20 to 30, and Gap evidence 32 to 35 (including the number of each branch; hereinafter the same shall apply) and the whole purport of the pleadings.
The plaintiff is the local government that is composed of representatives from each Dong of the common apartment (23 Dong-dong 1,362 households, hereinafter "the apartment of this case") in Ansan-si, Ansan-si, and the defendant is the sectional owner of the 7-dong 305 unit of the apartment of this case.
B. On June 2008, the Plaintiff entered into a contract with the new public company on June 27, 2008 for construction of removal of existing water supply pipes, alteration of heating pipes, etc. necessary for the alteration of heating systems, while the Plaintiff entered into a contract for construction work for the alteration of the district heating systems and replacement of heating pipes of the instant apartment to the new public company with the Plaintiff on July 27, 2008, with the consent of 957 households (70.26%) from among the aforementioned apartment residents 1,362 households (hereinafter “Yansan Urban Development”) and the Plaintiff to supply integrated energy from the development of Ansan Urban Development, for a period of 4 months from July 1, 2008 to October 30, 2008 (hereinafter “the instant heating contract”).
C. According to the contract to change the heating method of this case, 70 million won out of the construction price of this case is advance payment to new public officials, and the remainder of the construction price is the plaintiff's original ESCO as Enigy Syce Sycepa's weak, and enterprises specialized in energy saving.
The ESCO funds means funds received from the Energy Management Corporation to install an energy-saving system, and to receive electricity user fees, etc. thereafter.
The same rate as funds and ESCO funds shall be set at financial institutions.