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(영문) 서울중앙지방법원 2016.11.24 2015가단211157

관리비

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a superstore manager whose registration is completed pursuant to Article 12 of the Distribution Industry Development Act with respect to the shopping mall in Jung-gu, Seoul and the 16th aggregate building (hereinafter “A”), which is the shopping mall in Seoul.

B. The Defendant is a sectional owner of the store No. 5028, No. 5029, No. 5343, and No. 5344 located on the fifth floor of the shopping mall building of this case (hereinafter “each of the stores of this case”).

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1-1-4, Gap evidence 2-2, the purport of the whole pleadings

2. Assertion and determination

A. The plaintiff's assertion 1) The defendant did not pay 27,952,120 won for each of the stores of this case from September 201 to July 2015. Thus, the plaintiff is obligated to pay the above unpaid management expenses and damages for delay to the plaintiff who has the authority to collect management expenses. 2) The plaintiff is not the manager of the shopping mall management body of this case, but added the establishment and management of the superstore to the purpose business in the corporate register on December 11, 2014, and there is no authority to collect management expenses for the former management expenses. (B) Even if the plaintiff has the authority to collect management expenses as the superstore manager under the Distribution Industry Development Act, the expenses related to the divided ownership in addition to the expenses for the maintenance and management of the superstore cannot be collected. Thus, the management expenses claimed by the plaintiff in this case cannot be viewed as management expenses within the scope of the plaintiff's right to collect due to uncertainty of the basis for calculation and supporting materials.

C. In addition, the shopping mall management body of this case decided and executed "the change of items of sales facilities and the movement of items floor", and the defendant was also subject to measures such as the suspension of operation of the shopping mall 4, 5, 6, and 7 floors of this case from February 5, 2010 to February, 5, 2010.