beta
(영문) 서울고등법원 2018.01.12 2016나11457

용역비

Text

1. The defendants' appeal is dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

(b).

Reasons

1. Facts of recognition;

A. The relationship between the parties (1) The Plaintiff is a management body comprised of all sectional owners of E, which is an aggregate building of the size of the fourth and third floor above the ground located in Young-gu, Young-gu, Young-si, the fourth and third floor above the ground (hereinafter “instant building”).

(2) As to the second underground floor (non-201; 2,267.44m2) of the instant building on November 15, 2013 (hereinafter “Defendant literature”); as to the first underground floor (non-101; 2,255m29m2,25.29m2) of the instant building on February 19, 2014; Defendant C, as the children of F, the representative of the Defendant literature, on December 2, 2014, completed the registration of ownership transfer as to the said portion among the above non-101m2,25.29m25.29m25.

B. (1) The ground floor of the instant building is a commercial building; the underground floor is being used as a parking lot; the section for exclusive use of the 1,2, and the third floor is operated as an off-road parking lot provided by the sectional owners for the general use; and the 4th underground floor is used as an attached parking lot for the occupants, users, etc. of the instant building as a common area.

(2) The Plaintiff, from April 2008 to March 2014, delegated the management of each of the instant buildings to Taewon F&C Co., Ltd., and from March 18, 2014 to Tae Young General Management Co., Ltd., managing each of the instant buildings.

C. Management expenses are calculated according to the ratio of the size of the remaining part, excluding 17.617 square meters, which is the part of the management office of the first underground floor (2,255.29 square meters (hereinafter referred to as “parking management office”) used by the Plaintiff around that time, among the sections of exclusive ownership 2,255.29 square meters in this case among the sections of exclusive ownership under subparagraph 101 from January 2015 to November 2015, 2015, and the management expenses imposed by the Plaintiff based on the ratio of the size of the part among the sections of exclusive ownership under subparagraph 101 of the above paragraph from December 2, 2015 to April 2016, and the management expenses imposed by Defendant C from December 12, 2015 to April 2016, 2016.