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(영문) 대전지방법원 2013.11.14 2012가단10260

관리비등

Text

1. The Plaintiff, excluding the Defendant (Appointed Party) and H, Defendant C, limited partnership companies D, E, F, and G.

Reasons

1. Facts of recognition;

A. Party status 1) The Plaintiff is a sales facility (A building; hereinafter “instant building”) with six floors (three floors) in Seo-gu, Seo-gu, Daejeon International steel-frame concrete structure sbubed roof.

The management of the above commercial building is entrusted to the management committee composed of the representatives of each floor among the sectional owners of the above building. 2) Defendant C and the remaining designated parties of the building in this case, Defendant C are co-owned share holders who own each share of the second floor among the building in this case (hereinafter referred to as Defendant (Appointed Party) and the remaining designated parties, Defendant C, limited partnership D, E, F, and G are all referred to as “Defendant, etc.” and the size and total of the floor of the building in this case and the occupied area of the Defendants are as shown in the attached Tables 3 and 4.

B. On the other hand, on August 20, 2010, the Plaintiff participated in the steering committee (the representative of the Plaintiff, the general secretary K, L, and the operating committee for audit and inspection on each floor) held to revitalize the commercial buildings in the instant building (the first floor M, the first floor J, the second floor M, the third floor M, the fourth floor M, the fourth and fifth floor K, and the sixth floor N, each of which was held by the Plaintiff.

A) A contract was entered into between Co., Ltd. and Co., Ltd. by setting a cost of KRW 610,000,000 of the cost of remodelling a building with the consent of all the operating members attending the contract, and the contract was sent to the Defendant, etc. by content-certified mail. The specific details of the Defendant, etc.’s project cost (total of KRW 199,100,000 and the Defendant, etc.’s project cost to be borne by the Defendant, etc. are as shown in the attached Table.

(ii) The construction was no longer carried out as soon as the payment was made, and the Plaintiff paid it on behalf of the Defendant, etc., and the construction cost to be borne by the Defendant, etc. in accordance with the occupied area of the Defendant, etc. in relation to KRW 199,100,000 paid by the Plaintiff is the same as the construction cost stated in the attached Table 4.