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(영문) 서울동부지방법원 2016.12.09 2015가단39815

관리비

Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

Basic Facts

According to the statements in Gap 1-1-8, 2-1-2-8, the plaintiffs were co-owners of E (hereinafter only referred to as "the building of this case") who are the main complex buildings of 14th and upper floors on the land of Songpa-gu Seoul and 6 lots [F is the owners of 101 among the building of this case, 102, 202, and 203 among the building of this case, 102, 202, and 203 for the Selected, Ha is the owners of 1/2 shares among 301, 1/30 for the Selected, and 1/2 shares among 301 for the plaintiff (appointed parties)], and the defendant Eul sold the 4th floor of this case to the defendant C on September 24, 2004, and completed the registration of ownership transfer on December 15, 2014, the part of the building of this case and the part of the residential facilities of 1 to 4th and upper floors.

F GH G G GJ G JB I K C’s legitimateity of the instant lawsuit, in the instant case where the Plaintiffs filed a claim against the Defendants for the payment of the management expenses for common areas from July 25, 2013 to May 25, 2015, which correspond to the fourth floor of the instant building (the Plaintiffs filed a claim against the Defendants for the management expenses for common areas from July 25, 2013 to December 25, 2014, when Defendant B owned the fourth floor, KRW 40,805,644, the management expenses for common areas from July 25, 2013 to December 25, 2014, the Defendants jointly and severally filed a claim with the Defendant for the management expenses for common areas from December 26, 2014 to May 25, 2015.

If the relationship of sectional ownership is established for an aggregate building, a management body is established for the purpose of carrying out projects for the management of buildings, sites and annexed facilities with all sectional owners as members (Article 23(1) of the Act on the Ownership and Management of Aggregate Buildings and Article 23(1) of the Act on the Ownership and Management of Aggregate Buildings and Article 23(1) of the Act on the Ownership and Management