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(영문) 대전지방법원 2015.01.16 2013나20296

관리비등

Text

1. Of the judgment of the court of first instance, the defendant (appointed party) and the appointed party who exceed the amount ordered to be paid below.

Reasons

1. Basic facts

A. The Plaintiff is the management management committee comprised of sectional owners of sales facilities “A building” (hereinafter “instant building”) on the 6th floor (in the underground 3rd floor) of the Seo-gu Daejeon Special Metropolitan City I steel concrete structure sbubedy roof.

B. Co-owners who own 716.5825 square meters of the portion of exclusive ownership on the 1st floor of the instant building, in proportion to their respective shares in the attached Table 2, P, Q, R, R, S, T, and H are co-owners who own 454.830 square meters of the portion of exclusive ownership on the 2nd floor of the instant building in proportion to their shares in the attached Table 2.

C. On August 20, 2010, the Plaintiff held a general meeting of the Management Steering Committee for the revitalization of commercial buildings in the instant building. The said Steering Committee was present at the time of the Plaintiff’s representative, J, K of general affairs, audit, L, and each floor of each floor, and was decided to implement the remodeling project for the instant building (hereinafter “instant remodeling project”) with the consent of all the members present at the meeting.

On August 25, 2010, the Plaintiff awarded a contract for the instant remodeling construction work to Daw-Development Co., Ltd. in the amount of KRW 610,00,000 (Additional Tax Table).

Although the remodeling Corporation began from the beginning of November 2010, the construction was suspended due to the occurrence of problems such as the unpaid construction cost, and the construction has not been resumed until now.

Of the instant remodeling project, KRW 199,100,00 was incurred as construction cost for the portion of the project already undertaken.

E. Meanwhile, Article 2 subparag. 3 of the Management Rules of the instant building provides that “in braille” refers to the owner, etc. of the section for exclusive use, and Article 3(4) provides that shop occupants, etc. shall jointly and severally pay expenses necessary for the management and operation of the building, including management expenses, prescribed by the Management Rules and the Management and Operation Committee.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, Gap evidence 5-1, 2, Eul evidence 1, and the judgment of the court.