beta
(영문) 서울중앙지방법원 2016.10.31 2016나19670

관리비

Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the instant principal lawsuit and counterclaim are dismissed.

2. The costs of appeal are assessed against the principal office.

Reasons

1. Basic facts

A. The Defendant is a sectional owner who purchased a fashion hall 3176 (hereinafter “instant store”) from the Seocho-gu Seoul Metropolitan Government E shopping mall (hereinafter “instant shopping mall”) and completed the registration of ownership transfer from C (hereinafter “C”).

B. On January 1, 2005, C entered into a management consignment agreement with the Plaintiff, a corporation operating a building management business, and the Plaintiff has been managing the instant commercial building until now.

C. The main contents of the E-management body regulations established under the Act on the Ownership and Management of Aggregate Buildings (hereinafter “ Aggregate Buildings Act”) are as follows:

(i) A new sectional owner (including a successor purchaser) who has acquired the sectional ownership of a building shall promptly report the fact to the Representative Committee via a manager and submit documentary evidence as to the change of ownership, and the notification made to the previous sectional owner before the performance of the above obligation shall also be effective for the successor purchaser.

(8) Article 8. A person who possesses a section for exclusive use from the Do governor’s sectional owner on lease or by any other reason has the rights and duties as the possessor prescribed in the Act, and the possessor shall have the same obligation as the sectional owner bears in relation to the use of the building, site, or annex facilities according to the regulations or the resolution of the management body and the resolution of the representative committee, and the provisions of Article 8 shall also apply mutatis mutandis to the possessor (Article 9).

(Article 10). If a person holding a divided ownership does not pay management expenses by the due date determined by the manager, he/she shall pay 5/100 of the delinquent amount in addition to the late payment charge every month after the due date designated by the manager, and the manager shall do so.