beta
(영문) 수원지방법원 2020.10.22 2019나93370

관리비

Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

Reasons

The scope of this court's judgment in the first instance court claimed management expenses against the defendant from November 2017 to December 201, 2018. The first instance court accepted only the management expenses claim from June 2018 to December 2018, and dismissed the remainder. Since only the defendant has lodged an appeal against the lost part, the scope of this court's judgment is limited to the part partially accepted among the plaintiff's management expenses claim.

2. The following facts may be acknowledged in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 1 to 28, Eul evidence No. 1 to 28, and evidence No. 1 to 2.

C The building of this case (hereinafter referred to as the “instant building”) is a multi-family housing with the 4th underground and the 8th underground floor and a neighborhood living facility with the 52 commercial buildings from the 2nd underground to the 4th underground floor (hereinafter referred to as the “instant commercial buildings”) and from the 5th ground to the 8th underground floor.

B. The representative E of the D church, a sectional owner of the instant commercial building, managed the instant commercial building from around 2015 under the name of “C management body,” but the above judgment became final and conclusive on May 31, 2018, on the ground that the medical corporation F, a sectional owner of the instant commercial building, filed a lawsuit against the said management body seeking confirmation of the resolution that appointed E as a manager and the resolution that enacted the management rules, and that “C management body is the overall management body of the instant building, and its management rules are also the regulations on the entire building of the instant building, and each of the above resolutions did not meet the quorum.”

C. Accordingly, the sectional owners of the instant commercial building constitute the “C Commercial Building Management Committee” on July 5, 2017, and hold a general meeting on October 26, 2017 (hereinafter “First General Meeting”). ① This is the case.