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(영문) 서울고등법원 2017.11.09 2017나2004391

관리비

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Plaintiff is a party in the position of the parties. 1) The Plaintiff is a 7th underground floor in Jongno-gu Seoul Metropolitan Government and a 15th apartment building (hereinafter “instant building”)’s “Building,” which is an aggregate building located in Jongno-gu, Seoul, and the Act on the Ownership and Management of Aggregate Buildings (hereinafter “the Act”).

(2) The instant building was sold in the form of “Gu unit” by dividing the first section for exclusive use into the area of 5.48 square meters or 7.67 square meters.

The building of this case is registered as at least 10 sections by Gu unit from the second to the third floor above ground, and the whole of the floors from the fourth to the fourth floor above ground is registered as one partitioned building, and the co-ownership share registration by Gu unit has been completed with respect to the partitioned building by floor, and the 15th floor above ground is divided into three sections, and the co-ownership share registration by Gu unit has been completed with respect to each divided building.

The Defendant is an autonomous management council by type of business under the management agreement, which consists of the owners of share (current 10 stories, 123 persons and 113 persons and 113 persons and 101 persons and registered as owners of share) of the 10th floor of the instant building (10th floor, 7.26th floor of the instant building) and 11th floor and 113th unit of the instant building (10th floor, and 11th floor, are registered as owners of share).

B. The lease and management status of the instant building is 1) The instant building consists of the autonomous management council by type of business consisting of the sectional owners or equity owners of the pertinent floor for each of 1 to 3 floors, and the autonomous management council by type of business is responsible for the affairs such as the lease and management of the pertinent floor, and the remainder of the building after deducting taxes and public charges from proceeds such as rent, etc. from the proceeds has been operated in the form of distributing to the sectional owners or equity owners. The Defendant is also the autonomous management council by type of business of the 10th and 11th floor, and the Defendant is also the 10th floor management council by type of business of the 10th floor, the second floor management council by the 1,23th floor, the third floor management council, the 4,5,6th floor management council, the 7,8th floor management council, the 12th floor management council, the 13th floor management council, and the 14th floor management council