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(영문) 수원지방법원 2017.09.08 2017가합10995
손해배상 및 누수방지공사 이행
Text

1. The Defendants jointly share KRW 104,925 with respect to the Plaintiff and 5% per annum from September 30, 2016 to September 8, 2017.

Reasons

1. Basic facts

A. The Plaintiff is deemed to be the Plaintiff’s apartment complex of Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter “instant apartment”) No. 601, 1003 (hereinafter “Plaintiff’s apartment complex”).

Defendant B owned and possessed the apartment of this case (hereinafter “Defendant apartment”) No. 1103 of the same apartment of this case.

(2) The council of occupants’ representatives of Defendant C Apartment (hereinafter referred to as the “Defendant representative council”) owns and occupies the property.

(2) Around February 2016, the Plaintiff is an autonomous organization established pursuant to the Multi-Family Housing Management Act in order to determine important matters concerning the management on behalf of the occupants of the instant apartment. B. Around February 2016, the Plaintiff notified the Defendants of the water leakage in the part of the balconys of the Plaintiff apartment, and the Defendant’s representative meeting passed at a regular meeting on April 20, 2016, on the agenda that the balcony land of the Defendant apartment, the upper house, in relation to the water leakage in the balconys of the Plaintiff apartment, shall be deemed to be a common area for the purpose of repairing, and the said facilities and equipment shall be employed for the repair and construction of the said apartment. (3) The main contents of the instant management rules are as follows. (1) The exclusive section of the apartment apartment management rules are as shown in attached Table 2, which is a space used solely by the occupants, etc. in the household, with the exception of the exclusive section under paragraph (1), and the exclusive section for common use and welfare facilities and its scope shall be as follows.

(2) Part for exclusive use owned or possessed by occupants, etc.

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