beta
(영문) 수원지방법원 2016.03.24 2014가합14934

관리비 등

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On August 14, 2010, the Plaintiff concluded an entrustment contract with the representative of D commercial buildings located in Suwon-si C (hereinafter “instant building”) and E on the imposition of management fees, etc. for the instant building (hereinafter “instant entrustment contract”) from September 1, 2010 to August 1, 2015.

B. On May 2, 2014, when the voluntary auction procedure with respect to No. 201 under the ground of the instant building (hereinafter “instant store”), Defendant B submitted a letter of performance as follows to the management office of the instant building.

I have the honor of the PC owners of D Building No. 101.

It is awarded 201 underground in the idea that it may be operated by combining heading 201 underground with heading 101 underground.

In order to operate as the PC room by combining 201 underground with 101 underground, part of the area of 101 underground shall be changed to the parking space, and two of the number of exclusive parking spaces shall be additionally secured, and the change of use for this purpose requires the consent of the sectional owners of D buildings.

If the change of the use under 201 underground is made due to the cooperation of sectional owners, the obligation as a successful bidder, such as the settlement of delinquent management expenses, will be faithfully fulfilled as provided in the same law in parallel.

It will impose civil and criminal liability, such as compensation for damages, if it is not implemented against the consent of the sectional owner.

C. On August 20, 2014, Defendant A purchased the instant store in a voluntary auction procedure and acquired its ownership. D.

The management body of the instant building opened a general meeting on August 8, 2015 and appointed Defendant B as the manager of the instant building. On August 12, 2015, Defendant B sent to the Plaintiff a certificate of content that the instant entrustment contract was terminated upon the expiration of the period of August 30, 2015.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 19, the purport of the whole pleadings

2. The plaintiff's assertion and judgment on this.