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(영문) 서울북부지방법원 2016.06.10 2015가단129769
손해배상(기)
Text

1. The Plaintiff, Defendant B, Defendant C, Defendant C, KRW 1,800,000, and Defendant D, KRW 600,000, and each of them on March 2010.

Reasons

1. Basic facts

A. The plaintiff is the council of occupants' representatives consisting of representatives from each Dong of A apartment located in Nowon-gu in Seoul Special Metropolitan City (hereinafter "the apartment of this case"). The defendant B from February 2007 to February 2008; the defendant C from March 2008 to November 2008 to each plaintiff's chairperson; the defendant D from September 2009 to February 201, 201 to the plaintiff's general secretary.

B. The main contents of the management rules of the apartment of this case (amended on July 1, 2004) are as follows.

Article 11 (Total Value of Occupants, etc.) (1) The following matters shall be decided with the consent of a majority of occupants, etc.:

In such cases, when the management method is decided or the management business operator is selected, another management method is modified by the proposal of the council of occupants' representatives, the proposal of at least 1/10 of the residents' representatives, etc.

1. Election of representatives by buildings;

2. Enactment and amendment of the management rules;

3. Determination and alteration of management methods;

4. Selection of a management officer.

5. Uniform regulations necessary for the election management; and

6. Whether the accounting audit is conducted;

Article 25 (Matters to be Resolved) (1) The council of occupants' representatives shall adopt a resolution with the consent of a majority of its members on the following matters prescribed by the management rules pursuant to Article 51 (1) 1 through 8 and 9 of the Enforcement Decree of the Housing Act:

1. The proposal of the draft amendment of the management rules and the enactment and amendment of various regulations (excluding the management rules) necessary for the management of collective housing, and the enactment and amendment of Article 31 (Operation Expenses) does not pay expenses and allowances to executives, including the chairperson of the council of occupants' representatives, and the actual expenses incurred in the course of carrying out the duties shall be paid after a meeting and imposed on the management expenses per month;

Article 32 (Duties and Responsibilities of Council of Residents' Representatives) (1) Members of the council of occupants' representatives shall have the duty to observe the relevant regulations, and to perform faithfully the duties entrusted to the occupants, etc.

(2)

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