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(영문) 대법원 2014.12.24 2014다53110
관리비
Text

The part of the judgment of the court below against the plaintiff concerning the management expenses of 201 shall be reversed, and this part of the case shall be reversed.

Reasons

The grounds of appeal are examined.

1. The purport of the law requiring the court to state the reasons for the judgment is to verify the reasonableness and objectivity of fact-finding and the selection, application and prosecution of laws and regulations conducted in the process of the trial in order to ensure that the process of determination conducted in the way of deriving the conclusion by applying the laws and regulations on specific facts recognized by evidence is unreasonable or not subjective.

Therefore, the reasoning for the judgment shall state the necessary decision in the process leading to the conclusion so that such process can be seen as rational objective, and where such a statement is omitted or unclear, it shall constitute the grounds for appeal under Article 424(1)6 of the Civil Procedure Act (see, e.g., Supreme Court Decision 2004Da38624, Jan. 28, 2005). (1) The court below held that the F managing body established by the co-owners of the commercial building of this case around June 22, 2001 as part of the management of the commercial building of this case jointly owned pursuant to Article 265 of the Civil Act, which was owned by the owner of the commercial building of this case, owned by the Plaintiff on August 22, 2008 and the Plaintiff’s right to the late payment damages from August 21, 2008 to July 30, 2013 to 201.

Even if "A" is written as Gap's 11, 16, 42, 43, 44, 46's 56', it seems to be a clerical error.

each of the certificates of heading;

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