관리비 등
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. Facts of recognition;
A. The Plaintiff is a corporation established on July 28, 1998 and registered the establishment of a superstore under the former Distribution Industry Development Act (amended by Act No. 583, Feb. 8, 1992) on April 15, 1999 with the consent of 2/3 or more of the shop occupants, such as sectional owners and shop owners, for the purpose of operating and managing A, an aggregate building consisting of sales facilities, business facilities, and parking lots of the 6th above the 2nd above the 2nd above the 2nd above the 14th above the 14th above the land (hereinafter “instant commercial building”). The Defendant completed the registration procedure for transfer of ownership on March 18, 2013 among the instant commercial buildings (hereinafter “instant store”).
B. At the time of the registration of the establishment of the superstore, the Plaintiff enacted the management rules for the instant commercial building with the consent of at least 2/3 of the occupant-merchants of the instant commercial building (hereinafter “instant management rules”), and prepared management guidelines for calculating and paying management fees, and carried out management affairs, such as calculating and imposing management fees for each store every month.
C. The main contents of the instant management rules are as follows.
Article 6 (Rights and Duties of Sectional Owners) A sectional owner shall have the following rights and duties:
(7) Article 7 (Succession to Rights and Duties) (1) Any person who has obtained ownership transfer on the register of the company and any braille leased pursuant to the rules and regulations shall automatically succeed to the rights and obligations referred to in Article 6 (Automatic Succession to Rights and Duties).
Article 22 (Business Affairs of Management Corporation) (5) Business affairs concerning the imposition, collection, deposit, and use of management expenses, and the following common areas shall be the common areas:
(1) A building site (legal building site) is located outside of the land of thought-gu Busan Metropolitan City.