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(영문) 부산지방법원 2018.01.23 2016가단343776
손해배상(기)
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Basic Facts

The Plaintiffs are co-owners of the Busan Jin-gu Busan and the two lots of land (hereinafter referred to as the “instant building”) and run the “G bath bath” (hereinafter referred to as the “instant bath bath”) from October 197 to October 2 and 3 of the said building.

From July 1, 2013 to June 30, 2015, Defendant C is a person who was in office as the president of the Busan J apartment (hereinafter “instant apartment”); Defendant D is the above auditor of the council of occupants’ representatives; Defendant E is the Dong representative of the instant apartment.

After the construction of the apartment of this case, the occupancy of the apartment of this case began on December 1993, and the COsung Construction Co., Ltd., the contractor of the apartment of this case and the building of this case, installed a underground water pipe in a place less than 20 meters away from the retaining wall of 108 Dong apartment of this case and supplied underground water to the apartment of this case from April 1994 to October 1997, and began to supply underground water to the bath of this case from October 197.

On March 13, 1998, the council of occupants' representatives of the apartment of this case decided to impose KRW 230,000 per month on the use of groundwater for the bath of this case (hereinafter "the decision of imposition of this case") as electricity charges. Accordingly, the plaintiffs paid KRW 230,00 per month from March 1998 to September 2013 to the council of occupants' representatives of the apartment of this case.

Upon the request of the council of occupants' representatives of the instant apartment, the Plaintiffs installed an individual electric measuring instrument on the instant bath at the request of the council of occupants' representatives, and paid a total of KRW 9,736,880 to the side of the council of occupants' representatives of the instant apartment, from September 2013 to May 2014. After completing the electrical survey, the Plaintiffs directly paid electricity charges from May 9, 2014.

The Busan District Office, the competent authority of the apartment of this case, abolished the above groundwater pipe on the ground that it was not reported on January 2015, and on August 11, 2015, 530,400 won (the average estimated volume of 26 cubic meters per month) in the apartment of this case.

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