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(영문) 청주지방법원 2015.01.08 2014가단7902

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. A. The opening point of the instant commercial building and the establishment (1) of the Plaintiff management body C Co., Ltd. (hereinafter “C Co., Ltd.”) (hereinafter “C Co.”), around 2002, constructed the commercial building of the fourth and nine stories above the ground (hereinafter “the instant commercial building”) on the ground of the C Co., Ltd. (hereinafter “P Co., Ltd.”) on the land of the Cheong-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seoul, and changed the name “A” around February

(2) The Plaintiff was established with all sectional owners as the sales of the instant commercial building started and moved in.

B. On March 28, 2002, the Plaintiff’s administrator and replacement (1) C Company established E Co., Ltd. (hereinafter “E”) and the sectional owners of the instant commercial building appointed E Co., Ltd. as the manager of the Plaintiff.

(2) Some of the sectional owners of the instant commercial building asserted that the E company committed an act in violation of the duty of care and good faith while performing the manager’s duties, and filed a lawsuit for the dismissal of the manager against the E company under the Cheongju District Court 2012Kahap3811. On January 18, 2013, the said court rendered a judgment of acceptance that “the dismissal of the E company from the manager of the Plaintiff was made” and the said judgment became final and conclusive as it is.

(3) Since then, the sectional owners of the instant commercial building appointed F as the Plaintiff’s manager.

C. Around 2006, the Defendant leased the instant commercial building No. 4904No 4905 (hereinafter “the instant leased”) and operated a beauty room from around that time to February 10, 2014.

(2) The Defendant did not pay the management expenses for the leased portion of the instant case from June 2013 to KRW 31,017,130 in arrears.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7, Eul evidence Nos. 1 and 2 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. According to the above-mentioned facts of determination as to the cause of the claim, the defendant is under special circumstances.