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(영문) 대구고등법원 2018.12.19 2017나23500

관리비

Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

A. On November 24, 2009, D Co., Ltd. newly built the instant aggregate building (hereinafter “D”) entered into a business agreement (hereinafter “instant business agreement”) and a management-type land trust agreement with ten lending financial institutions, H Co., Ltd., and C Co., Ltd. (hereinafter “C”), and completed a building A (hereinafter “instant aggregate building”) around August 201, in order to undertake the business of newly building and selling apartment-type factories on the land E and F.

B. Pursuant to Article 5-2 of the instant project agreement and Article 5 of the above Management-Type Land Trust Contract, C completed registration of ownership preservation on August 12, 201, pursuant to Article 5-2 of the project agreement and Article 5 of the above Management-Type Land Trust Contract. 2) The Defendant acquired the ownership of each partitioned building on the date indicated in the column for “the date of ownership transfer” in the table below and completed registration of ownership transfer.

On July 28, 2015, the number of rooms of the transfer date shall be Ma 1 to N 2, O through Q 10 through T, 5 to 10 to 5th underground floors, Ma 17th V through 10th 5th 16th Z, Zho, ABho, ABho, AC, ACho 9 91th AE through AF 14th 4th 4th 15th 6th 15th 2015, 11th 1 through AJ 61th 10th 15th 206th 15th 15th 206th 15th 206th 15th 206th 15th 206th 15th 2015.

) The ownership of J, July 20, 2016, transferred the ownership of K to L Co., Ltd. (hereinafter referred to as “instant 72 rooms”) excluding the foregoing I and K.

4) On August 26, 201, after the transfer of ownership from C to G, from August 26, 201.