수선충당금 등 청구의 소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. Facts of recognition;
A. C leased the entire fiveth floor from D Co., Ltd. (hereinafter “D”), F leased the instant shopping district E (hereinafter “instant shopping district”). around November 2002, F leased the instant shopping district G from C and operated the H foreign language institute from February 2, 2003, completed its business registration, and changed the name of the said private teaching institute into the I foreign language private teaching institute (hereinafter “instant private teaching institute”).
On March 2003, the Plaintiff received all the powers and responsibilities related to the operation of the pertinent private teaching institute from F, and operated the instant private teaching institute in approximately 168 of the instant shopping mall G.
B. The instant shopping mall G was divided into J and K on April 26, 2016, and the instant shopping mall J acquired ownership by L through a public sale on February 20, 2017, although L acquired ownership on July 12, 2017. The Defendant acquired ownership on July 11, 2017.
C. From June 2003 to July 2017, the Plaintiff paid the repair reserve to the prosperity of the instant commercial building as a tenant while paying the management fee of the instant commercial building J.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 9, 23, purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff asserted that he was entitled to all the rights pertaining to the operation of the instant private teaching institute from F, and used and benefiting therefrom as a legitimate lessee of the instant commercial building J, and paid all the repair allowances imposed under the said J.
However, the repair reserve imposed on the commercial building of this case shall be borne by the owner as it falls under the long-term repair reserve under Article 31 (7) of the Enforcement Decree of the Multi-Family Housing Management Act, or borne by the sectional owner of an aggregate building as it falls under the management cost of common areas under Article 17 of the Act on Ownership and Management of Condominium Buildings. Even if the Plaintiff is not a legitimate lessee of the commercial building of this case,