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(영문) 서울북부지방법원 2018.10.25 2016가합22732

관리비

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

The plaintiff is a management body established pursuant to Article 23 (1) of the Act on the Ownership and Management of Aggregate Buildings (hereinafter "the Act on the Ownership and Management of Aggregate Buildings") with respect to the Hancheon-Yol National, Korean, etc., an aggregate building located in Dongdaemun-gu, Dongdaemun-gu, Seoul (hereinafter "the aggregate building in this case").

On December 19, 2006, the Defendant entered into a real estate security trust agreement (hereinafter “instant trust agreement”) with the trustor, the trustee, the Defendant, and the Preferred Beneficiary Co., Ltd. with respect to each real estate listed in the separate sheet among the instant aggregate buildings (hereinafter “each of the instant buildings”), and completed the registration of ownership transfer (hereinafter “instant trust registration”) with respect to each of the instant buildings as the trustee on the same day.

Article 9 (Preservation, Management, etc. of Trust Real Estate) (1) A truster shall virtually continue possession and use trust real estate, and shall bear all the expenses incurred in actual preservation of trust real estate, all the management activities thereof, and any other expenses.

Article 15 (Bearing of Expenses) (1) Taxes and public charges on real estate and trust profits, maintenance expenses, financial expenses, and other various expenses necessary for the performance of trust affairs, and damages arising from any cause not attributable to the trustee in the performance of trust affairs, shall be borne by the truster.

(3) Where a truster fails to pay expenses, etc. under paragraph (1) by the due date, a trustee may pay them on behalf of him/her, and in such cases, the truster shall pay damages for delay from the due date to the due date to the due date to the due date to the due date

Article 5 (Management and Disposal of Real Estate in Trust) (1) All the management affairs of real estate in trust other than the disposal (transfer of ownership) of the trustee shall be performed by the truster at his/her own responsibilities and expenses.