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(영문) 서울고등법원 2020.09.17 2020나2003480

관리비

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The plaintiff's appeal against the defendants is dismissed in entirety.

Expenses for appeal shall be borne by the plaintiff.

purport, purport, and.

Reasons

Basic Facts

The defendant B building management body (hereinafter "the defendant management body") is a management body established for the purpose of implementing the business management of the building of this case and its site and its accessory facilities with all sectional owners of the building B located in Dongdaemun-gu Seoul Metropolitan Government (hereinafter "the building of this case"), which is an aggregate building B located in Dongdaemun-gu, Seoul, and the remaining defendants are sectional owners of the building of this case.

On October 28, 2010, the Plaintiff is a legal entity that registered its business on October 4, 2010, with the building I, the place of business of this case as the real estate business, wholesale, and category as sales agency, management, and trade (trade).

J is a person appointed as a manager at the management body meeting of the defendant management body on August 19, 2010.

The J concluded the instant building contract on behalf of the Defendant Management Body (hereinafter referred to as the “G”) concluded the “General Management Contract of the instant building” with respect to the instant building on behalf of the Defendant Management Body (hereinafter referred to as the “First Management Contract of this case”). The Defendant Management Body of this case (subject to management) under Article 2 (Subject to Management) of the Building General Management Contract of 2010, the date of preparation, is prior to the appointment of the manager, shall entrust the management of the overall operation of the instant building to G.

In addition, the right to manage and operate a building is entirely G, and the defendant management body does not participate in the business management.

Article 3 (Scope of Business Affairs) G shall perform the following duties with respect to the part under each management contract (hereinafter referred to as "management part") pursuant to Article 2:

In addition, the management expenses shall be raised as follows:

Provided, That in principle, the lease contract shall be concluded between the sectional owner and the tenant under the arbitration of G, and the lease deposit shall be deposited into the designated account of the sectional owner.

If the location or consent of a sectional owner is not identified, it shall be directly the designated account in consultation with the defendant management body.