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(영문) 수원지방법원 2016.12.08 2016가단501756

관리비

Text

1. The Defendant’s KRW 17,926,602 as well as 5% per annum from January 28, 2016 to December 8, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. B, as a co-owner and a seller of common interest with C, D, E, F, G, and H condominium (hereinafter “instant commercial building”), concluded a contract for the management of the instant commercial building with the Plaintiff during the contract period from November 3, 2008 to November 2, 2010 when the registration of ownership preservation for each section of exclusive ownership was completed in the name of the said B, etc. after completion of the construction, and determined that the contract shall be automatically extended under the same conditions, if the Plaintiff entered into a contract for the management of the instant commercial building from November 3, 2008 to November 2, 2010, and did not notify in writing two months prior to the termination of the contract.

(hereinafter “instant management consignment agreement”). (b)

From November 3, 2008, the Plaintiff is performing the management of the shopping mall of this case from November 3, 2008 to the present.

C. On October 15, 2015, the Defendant completed the registration of ownership transfer with respect to 1001 of the instant building (hereinafter “instant store”).

On September 29, 2008, grounds for registration, the ownership date of C, D, E, and F, 9/100 shares, B 41/100 shares, G 23/100 shares, and G 23/100 shares on September 10, 2009, I sell and sell on March 30, 201, J on March 25, 201, the sale on October 15, 201, K on October 15, 2015, due to a voluntary auction on October 15, 2015. < Amended by Presidential Decree No. 26787, Oct. 15, 2015>

D. Change of ownership on the registry of the instant store is as follows.

[Ground of recognition] Facts without dispute, Gap's statements, Gap's evidence Nos. 1, 4, 9, 10, 11, 12, 14, and 15, the purport of the whole pleadings

2. Determination on the defense prior to the merits

A. The summary of the defense prior to the merits is that the defendant's right to claim management expenses belongs to the council of occupants' representatives or the management body, and even if the plaintiff was delegated with the authority to file a lawsuit by the council of occupants' representatives or the management body, it is not allowed by law, and thus, the lawsuit of this case is unlawful since it is not allowed to be a party to the plaintiff.

B. First, the Plaintiff is appointed at the management body meeting of the instant commercial building held on February 7, 2015.