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(영문) 부산지방법원 2021.02.04 2017가단324161
손해배상 등
Text

The plaintiff's claim against the defendants is dismissed in entirety.

Litigation costs shall be borne by the plaintiff.

Reasons

1. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion is the Plaintiff’s representative meeting of the occupants of A apartment located in the Busan Dong-gu, Busan (hereinafter “instant apartment”) and Defendant B was responsible for the duties of the president of Defendant A’s Women’s Women’s Association (hereinafter “Defendant Women’s Association”) from around 1997 to December 2014.

According to the Housing Act, the Enforcement Decree of the Housing Act, and the A Apartment Management Regulations, the apartment miscellaneous revenue amount shall be disposed of as reserve funds within the scope of 2/100 of the total amount of the management expenses in the relevant year, and the remaining amount shall be accumulated as reserve funds for long-term repair, and Defendant B embezzled total of KRW 71,674,130 from December 7, 2010 to December 29, 2014 as the president of the Defendant Women’s Association, even though it should be managed by the president of the management office, etc.

Defendant Women’s Association kept KRW 39,228,985 in the bank account in the name of Defendant Women’s Association and embezzled KRW 15,680,50 by arbitrarily withdrawing KRW 15,680,50.

Therefore, the Defendants are obligated to pay to the Plaintiff the aforementioned embezzlement or storage money, and the delayed damages for each of the above money.

B. (1) Women’s association is not established as a subordinate organization or subsidiary organization of an occupant’s representative meeting based on relevant laws or regulations, but is not established as a subordinate organization or subsidiary organization of an apartment’s representative meeting based on the rules of law or management, and if the council rules and officers are established autonomously by the main body of the apartment, and only the main body of the apartment’s residents reside in the apartment, and engages in volunteer activities or profit-making activities for the occupants in the apartment, etc., the association has the substance of an unincorporated association.

At this time, the Women's Council is a self-employed local government with independent legal status from the resident representative council, and it is not different solely on the fact that the resident representative council supported the autonomous organization.

The former Enforcement Decree of the Housing Act (2014.

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