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(영문) 서울서부지방법원 2019.09.19 2018나38977

관리비

Text

1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.

Reasons

1. Basic facts

A. The Plaintiff, including the Plaintiff’s status, is a management body established by consisting of sectional owners of Seodaemun-gu Seoul Metropolitan Government Condominium Building (hereinafter “instant condominium building”).

The building of this case is the 6th underground floor and the 13th ground floor in around 2007, and the 1,644 units for divided stores (from underground 2 to 8th floor) and the 1,620 units for sectional owners are buildings newly constructed for sales facilities, apartment houses, business facilities, and educational and research facilities.

B. The Plaintiff’s management fee imposition 1) details related to the management fee are as follows. The management company or the representative committee of the management company or the representative committee of Article 28 (Management Expenses) may impose management fees on sectional owners or occupants. 1. Management expenses are calculated based on the number of houses sold. 2. Management expenses include operating expenses, taxes and public charges necessary for the maintenance and repair of facilities and the public portion, and other minimum expenses for public welfare. 2) The Plaintiff imposed and paid monthly management expenses on the instant building owners and lessees in accordance with the management rules and the resolution of the representative committee, etc., and imposed KRW 2,00,000 per month on a shop in a public room.

C. Around July 2010, the Plaintiff filed a lawsuit against C, etc. on January 2, 2014 against the Seoul Western District Court Decision 2014Gahap3001, on the ground that the owner of the instant building had failed to pay rent, etc., and on December 28, 2014, the Plaintiff leased part of the fourth to seventh floor of the instant building and operated the instant database from around that time, and subsequently, E, from around September 2013, operated the said database. On January 2015, 2015, the owner of the instant building and the fourth to seventh floor of the instant building filed a lawsuit against C, etc. on January 2, 2014 against the Seoul Western District Court Decision 2014Gahap3001, and on December 28, 2014, the Plaintiff cut the part of the instant building from the fourth to seventh floor of the instant building on the ground of delinquency in management expenses of the said crowdfunding company.