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(영문) 부산고등법원 2014.04.10 2013나8878

특별수선충당금지급청구

Text

1. Of the judgment of the first instance court, the defendant in the judgment against the plaintiff KRW 1,095,192,317 and the defendant in the judgment against the plaintiff from February 20, 2013 to April 10, 2014.

Reasons

1. Fact-finding ( October 20, 2010) based on the order of time obtained approval of the project plan regarding the construction of the two-three new apartment units in Ulsan-gu, Ulsan-gu (hereinafter “instant apartment units”).

(5) On May 28, 2003, the construction of the apartment of this case completed the construction of the apartment of this case and undergone a pre-use inspection as a rental house, and from that time, the apartment of this case was managed as a rental business operator under the Rental Housing Act.

On January 1, 2006, the Special Repair Repair Reserve Fund under the Rental Housing Act was not accumulated from that time.

On December 26, 2006, Pyeong-gu had defaulted.

The defendant was declared bankrupt by the Seoul Central District Court 2007Hahap68 on April 25, 2008 and the defendant was appointed as a trustee in bankruptcy on the same day.

(C) The representative council of lessees' representatives of the apartment of this case has obtained approval for the conversion of the apartment of this case directly from the head of Ulsan Metropolitan City, Ulsan Metropolitan City.

( January 1, 2012) The Plaintiff was constituted.

(2) The Plaintiff acquired the right to manage the instant apartment from the Defendant on July 5, 2012.

【Ground of recognition】 In the absence of dispute, entry of Gap evidence Nos. 1, 2, 3, 11, and 13, the purport of the whole pleadings

2. The rental business operator of rental housing pursuant to the provisions of Article 17 (1) of the former Rental Housing Act (amended by Act No. 8966 of Mar. 21, 2008, June 22, 2008) (1) The rental business operator of rental housing pursuant to the provisions of Article 17 (1) shall accumulate special repair reserve funds required for the replacement and repair of major facilities.

(2) Where the rental business operator sells the constructed rental housing in lots after the lapse of the mandatory rental period, he shall transfer the reserves for special repair accumulated under paragraph (1) to the council of occupants' representatives constituted first under Article 42 of the Housing Act

(3) Rates and procedures for use of special repair reserve funds.