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(영문) 대전지방법원 2017.03.31 2015나4403

관리비

Text

1. Of the judgment of the court of first instance, the part against the Defendants exceeding the money ordered to be paid under the following subparagraphs shall be revoked.

Reasons

Basic Facts

The Plaintiff is a management body comprised of sectional owners, lessees, etc. of “A building”, which is the Seo-gu Daejeon Building, Seo-gu, Daejeon (hereinafter “instant building”), and the Defendant Company is the owner of the said A building and the said No. 601 and 602 (hereinafter “six floors of the instant building”), and Defendant B is a person who operates the Dske golf from March 2013 to June.

From November 2009 to June 201, 201, the Defendant Company leased six floors of the instant building to E and used six floors during the said period. From March 2013, Defendant B used six floors of the instant building.

The number of sectional ownership of the building of this case is 23, and the number of sectional owners is 18, and the total area of exclusive ownership of the building of this case is 347.58 square meters.

Article 2 (Definitions of Terms) The definitions of terms used in this Code shall be as follows:

(1) The term "exclusive part" means a part of the building which is the object of sectional ownership.

(2) The term "section for common use" means a part of a building other than the exclusive use section, or appurtenances, etc. not belonging to the exclusive use

(3) The term "in braille" means an agent representing a sectional owner or sectional owner of the exclusive part.

(4) The term "user" means a person other than a tenant who occupies and uses a building part.

(5) The term "standing braille, etc." means an employer who acts for a tenant or a tenant.

Article 4 (Rights of Braille, etc.) (4) A special successor, etc. shall be liable for the obligations owed to other shop occupants, etc. that occurred before succession.

Article 5 (Composition, etc. of Managing Body) (1) A managing body shall consist of all shop occupants, etc.

Article 6 (Voting Rights) (1) The occupant has a single voting right for only one exclusive use, and he shall also have the voting right according to the ratio of shares under Article 12 of the Aggregate Buildings Act.

(2) Where two or more persons jointly own the exclusive use, co-owners shall be the co-owners.