beta
(영문) 수원지방법원 2018.12.13 2018나71793

관리비

Text

1. The plaintiff (Counterclaim defendant)'s appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Counterclaim Defendant).

purport, purport, and.

Reasons

1. Basic facts of the request;

A. The Plaintiff’s management contract (1) Nonparty B Co., Ltd. (hereinafter “B”) entered into a management contract with the Government-si, comprised of 19 stores of an aggregate building (101 through 501) which is a 5th floor underground floor of reinforced concrete building, reinforced concrete roof 1 and Class 2 neighborhood living facilities, and the exclusive area of each unit is as indicated in the attached Form. The total floor area added both the joint ownership and the exclusive area for exclusive use by unit is 2,272.91 square meters; hereinafter “the instant building”). On April 26, 2013, the Plaintiff began to sell each partitioned building after completing the registration of initial ownership in its name.

(2) On May 6, 2013, the Plaintiff engaged in the building management business entered into a contract with B under which he/she is entrusted with the management of the instant building (hereinafter “instant management contract”) and the main content thereof is interpreted as follows.

(1) The management period under this Agreement shall be two years from June 1, 2013.

B If a written notice of “contractual cancellation” is not given by two months before the expiration of the term, the contract is extended for the same period under the same conditions (Article 5(a)). B or the Plaintiff does not notify the other party of the refusal of the renewal of the contract by 30 days prior to the expiration date of the term of validity of the contract, the contract is extended under the same conditions as the previous one (Article 5(b)). (2) All sectional owners pay for the player management expenses (this is deemed to have been prepaid as a deposit for the management of an aggregate building to be borne by a sectional owner) calculated at KRW 10,000,000 to the Plaintiff (Article 6(a)), and the player management expenses are managed and operated by the Plaintiff on behalf of B. According to the management contract in this case of the general management expenses, the management expenses borne by the sectional owners include general management expenses, repair and maintenance expenses, public facilities repair expenses, electricity and water