beta
(영문) 수원지방법원 2019.07.26 2018나13773

관리비

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

purport.

Reasons

Basic Facts

The Plaintiff is an organization comprised of sectional owners and occupants of “A”, an aggregate building in Ansan-gu, Seosan-si, an aggregate building in “A” (hereinafter “instant building”), and the Defendant is the owner of the said store that completed the registration of ownership transfer under the name of the Defendant on February 25, 2013 with respect to the fourth floor D (hereinafter “instant store”) of the said building on July 5, 2013.

The instant building was completed in around 192, and on January 8, 1994, the management rules (hereinafter “instant management rules”) were enacted at the meeting of the management body in which both the sectional owners and lessees of the said building and the lessees participated (hereinafter “instant management rules”). However, the executive officers of the management body were not organized (Evidence 2), and instead, pursuant to Articles 27 through 29 of the management rules, A Representative Committee (hereinafter “Representative Committee”) composed of minority sectional owners and occupants dealt with the matters concerning the management of the instant building.

(A) Evidence 7 of this case. The main contents of the management rules of this case are as shown in the attached management rules.

On June 16, 2017, the Representative Committee announced the general meeting of the management body on the agenda of the resolution of the former Representative Committee, including the appointment of executive officers and managers of the management body (Plaintiffs) of the instant building, and the ratification of the resolution of the former Representative Committee, on June 29, 2017. On June 29, 2017, “E was appointed as the manager (representative) while 179 members among sectional owners attend the general meeting of the management body on June 29, 2017, and the management body ratified all the resolution of the previous Representative Committee.

(A) After June 1, 2018, F was appointed as the president (representative) of the Plaintiff at the ordinary meeting of the Plaintiff on June 1, 2018.

The Defendant did not pay a total of 7,875,530 won (the principal of the management fee is KRW 7,159,550; hereinafter referred to as “instant unpaid management fee”) including overdue charges among the management expenses imposed on the instant store from February 2, 2015 to January 2018.

(A) No. 3). The ground for recognition has no dispute,