관리비
1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
1. Facts of recognition;
A. The Plaintiff’s relationship 1) The Plaintiff is the shopping mall of this case, which is the 7th underground floor in Jung-gu, Seoul and D shopping mall of the 16th apartment building (hereinafter “the instant shopping mall”).
The purpose of the management and operation of the shopping mall was to establish May 12, 2009. The Plaintiff applied for the registration of the establishment of the superstore pursuant to the Distribution Industry Development Act, and received a superstore registration certificate from the head of the Gu in Seoul on April 22, 2011, and the head of the Gu in September 4, 2013 accepted the Plaintiff’s report from the head of the Gu. The Plaintiff is performing the duties of imposing and collecting management fees and claiming management fees for the shopping mall of this case as a superstore manager. 2) The Defendant is a sectional owner who completed the registration of the transfer of ownership on October 22, 2008 with respect to the shopping mall of this case on the sixth floor of the shopping mall of this case (hereinafter “instant store”). < Amended by Act No. 6320, Apr. 1, 2004>
B. On February 21, 2009, the owner of the shopping mall of this case, under the Act on the Management and Ownership of Aggregate Buildings (hereinafter “Aggregate Buildings Act”), convened a management body meeting for all sectional owners and enacted the management body rules (hereinafter “instant regulations”). The parts relating to this case in the above regulations are as follows.
Article 3 Definitions
1. Managing body: an organization of sectional owners organized for the purpose of carrying out projects relating to the management and operation of the D shopping mall and its sites and annexed facilities;
10. Managing body: the manager and custodian of each floor elected by sectional owners in accordance with the regulations.
13. Operating Committee: it shall be composed of the operating members to deliberate on all management affairs delegated by the meeting of managing body, or implemented under these regulations;