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(영문) 수원지방법원성남지원 2016.06.08 2015가합201165

관리비

Text

1. The Defendant’s KRW 448,552,376 for the Plaintiff and KRW 20% per annum from May 14, 2015 to September 30, 2015.

Reasons

1. Basic facts

A. The Plaintiff is a management body under Article 23 of the Act on the Ownership and Management of Aggregate Buildings, which is composed of sectional owners of A (hereinafter “the instant aggregate building”) which is an aggregate building located on the land outside three lots of land, Sung-gu, Sungnam-si, Seoul, and is a management body under Article 23 of the said Act (hereinafter “the Act on the Ownership and Management of Aggregate Buildings”). The Defendant is a company that executes and sells the instant aggregate building; the Defendant is a company that executes and sells the instant aggregate building; the first floor B 101 of the instant aggregate building; and the second floor B 201 of the instant land among the instant aggregate buildings, and operates the instant parking lot with the trade name “D” (hereinafter “the instant apartment building”); the fifth floor B501, 601, 601, 7th floor B701.

(hereinafter “instant underground parking lot”). B.

From December 4, 2003 to February 29, 2012, the representative director E of the defendant was elected and held as the chairperson of the plaintiff. The plaintiff held a third management body meeting on June 27, 2011, which was the time when he/she held as the chairperson of the plaintiff, and decided to propose management expenses to reduce or exempt the sum of 181,97,040 won for heating and cooling expenses and heating maintenance expenses related to heating and cooling (including value-added tax16,545,170 won) that the defendant did not pay to the defendant among management expenses imposed from June 1, 2003 to August 31, 2009, and the total amount of 181,997,040 won for heating and cooling expenses and heating maintenance expenses (including value-added tax 16,545,170 won) from 2004 to 2010, which corresponds to the ratio of the amount distributed to the defendant's underground parking lots owned by the defendant.

C. Since then, E, upon the expiration of its term of office as one’s president (the fourth term of office from February 1, 2010 to February 29, 2012), announced the appointment of executive officers as follows around February 7, 2012.

- The period of candidate registration: the election method between February 13, 2012 and February 20, 2012: the majority of sectional owners at the extraordinary general meeting.