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(영문) 수원지방법원 2015.02.05 2014가단521428
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts are: (a) the Plaintiff is the council of occupants’ representatives organized under the Housing Act for the management, etc. of Suwon-si D apartment (hereinafter “instant apartment”); (b) the Defendant B was from December 7, 201 to March 17, 201; and (c) the Defendant C was the chairperson of the council of occupants’ representatives from March 17, 201 to October 8, 2012, and there is no dispute between the parties.

2. The Defendants asserted by the Plaintiff were elected as the chairman of the council of occupants' representatives, but the process of election is not legitimate, and thus, the Plaintiff did not have the authority to perform the duties of the chairman of the council of occupants' representatives, but did not make an unfair resolution by the

The costs of lawsuit indicated in [Attachment 1] No. 1 6. The amount claimed by Defendant B to have been spent unfairly: the amount of expenses for the operation of the representative meeting without a resolution of extraordinary meeting: 3.5 million won: the amount of expenses for the operation of the election management commission without the authority of KRW 1.5 million: the amount claimed by Defendant C to have been spent unfairly by the election management commission members without the authority of KRW 1.5 million: the expenses for the lawsuit described in [Attachment 1] No. 2 through No. 430,059: the amount claimed by Defendant C to have been spent unfairly: the expenses for electricity, water, and April insurance arrears due to the application of the suspension of the withdrawal of the management expenses for the unit of KRW 5 million: the amount in arrears is liable to compensate the Plaintiff for damages caused by the above intentional or negligent act. Accordingly, Defendant B is obligated to pay damages for delay.

3. According to the records of judgment No. 9, the management rules of the apartment of this case shall perform their duties with due care as a good manager, and if the members of the council of occupants' representatives cause damages to the occupants, etc. due to intention or negligence, the damages shall be incurred.

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