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(영문) 수원지방법원 2016.07.14 2016가단10243

용역비

Text

1. The Plaintiff; Defendant B’s 104,423,890 won for Defendant B; and Defendant C’s 435,580 won for each of the said money; and Defendant B’s text for each of the said money.

Reasons

1. Facts of recognition;

A. The Plaintiff is a management body comprised of all sectional owners of the aggregate building E, an aggregate building of the fourth underground floor and the third floor size above the ground (hereinafter “instant building”). Defendant B’s text (hereinafter “Defendant B”) on November 15, 2013 with respect to the second underground floor (non-201; 2,267.4m2) of the foregoing building on February 19, 2014; Defendant C is a child of F, the representative of Defendant C, who completed the registration of ownership transfer on December 2, 2014, with respect to the share of each sectional owner with respect to the share of the above building on December 19, 2014.

B. The ground floor of the instant building is a commercial building; the underground floor is being used as a parking lot; the section for exclusive use of the first, second, and third floors is operated as an off-road parking lot provided for the general use by the sectional owners; the underground floor is used as an attached parking lot for the occupants, users, etc. of the instant building as a common area.

C. From April 2008 to March 2014, the Plaintiff delegated the management of each of the instant buildings to Taewon F&C Co., Ltd., and from March 18, 2014 to Tae Young General Management Co., Ltd., the Plaintiff managed the instant building.

① Management expenses imposed by the Plaintiff among the Defendant literature in accordance with the ratio of size of the remaining part, excluding 17.617 square meters corresponding to the management room part used by the Plaintiff, among the sections of exclusive ownership 2,255.29 square meters of the instant building among the sections of exclusive ownership 101 from January 2015 to November 2015, 2015; management expenses imposed by the Plaintiff pursuant to the ratio of size of the part among the sections of exclusive ownership 101 from December 2, 2015 to April 2016; management expenses imposed by Defendant C calculated according to the ratio of size of the part among the sections of exclusive ownership 101 from December 2015 to April 2016; and the detailed details of management expenses imposed by the Defendants pursuant to the ratio of size of Defendant C among the sections of exclusive ownership 101 from December 2015 to April 2016.