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1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the above part shall be dismissed.
Reasons
1. Basic facts
A. The Plaintiff A Self-Governing Council (hereinafter “Plaintiff Self-Governing Council”) is an autonomous council composed of occupants for the maintenance and management of A (hereinafter “instant apartment”) located in Seo-gu, Gwangju. The Defendant is a person who served from February 2, 2009 to October 201, as the Plaintiff Self-Governing Council Chairperson.
B. On April 2010, the Plaintiff Self-Governing Council removed the mother room installed with fire-fighting systems, such as the motherter, in order to reduce the electricity user fee of the apartment of this case.
C. After around August 2010, 2010, Maung Construction Co., Ltd. (hereinafter “Maung Construction”) entered into a contract with the Plaintiff’s Autonomous Council to restore the fire-fighting systems of the instant apartment, and completed the installation of the fire-fighting systems (hereinafter “instant construction”).
The Plaintiff Self-Governing Council filed a lawsuit against the Plaintiff for the payment of the instant construction cost (hereinafter “instant construction cost”) with the Gwangju District Court Decision 2013 Ghana12530, and on December 17, 2013, the conciliation was concluded that the Plaintiff Self-Governing Council pays KRW 8,000,000 as the instant construction cost until January 27, 2014 (hereinafter “instant conciliation”).
E. According to the instant conciliation, the Plaintiff Self-Governing Council paid KRW 8,000,000 to Maung Construction on January 22, 2014.
[Ground of recognition] Unsatisfy, Gap evidence 1 to 6, Eul evidence 6 (including paper numbers), the purport of the whole pleadings
2. Determination as to the cause of claim
A. In order to remove the fire-fighting systems installed in the apartment of this case claimed by the Plaintiff, the Defendant, without permission, removed the fire-fighting systems without permission from the Plaintiff’s autonomous council, the board of directors, and the general meeting, and agreed to restore the fire-fighting systems removed at the Defendant’s expense to the Plaintiff’s autonomous council.