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(영문) 부산지방법원동부지원 2017.06.23 2016가합102060

채무부존재확인

Text

1. As to the aggregate building listed in the attached Table 1 against the Plaintiff’s Defendant, it occurred from December 2015 to October 2016.

Reasons

1. Basic facts

A. Status of the parties and current status of a building 1) An aggregate building listed in the attached Table 1 (hereinafter “instant building”)

) As a main complex building of the size of the 1st underground and the 18th ground, 84 neighborhood living facilities, sales and business facilities, and business facilities (hereinafter “instant commercial buildings”) from the 1st underground to the 3rd underground floors.

2) The Defendant is an organization consisting of the occupants and owners of each of the stores in this case for the operation and management of the incidental facilities and their site and appurtenances, which are owned jointly by the shop occupants in this case (the owners or tenants of each shop that is the object of ownership).

The Plaintiff is a person who has sold No. 108 of the first floor of the instant shopping mall and is operating a “D Coina” (hereinafter referred to as “D Coina”).

3) The water tank equipment of the building of this case is distinguished from the commercial water tank equipment, and the ancillary equipment such as pipes and pumps, district heating facilities, sewage drainage facilities, ventilation facilities, and ventilation facilities separate from the building of this case (excluding private rains). B. The Defendant imposed management fees on the Plaintiff on August 22, 2003. The Plaintiff sent a written request for deliberation on the imposition of management fees to the Defendant and the head of the management office of the building of this case for the reason that the management fees are excessive when the management fees are imposed uniformly inasmuch as the Plaintiff did not use the public equipment of the building of this case among the machinery equipment due to the characteristics of private rains.

Accordingly, on September 15, 2003, the defendant decided to reduce general management expenses, common electricity charges, and street light electrical charges for the plaintiff to be imposed as a fixed amount by reducing the amount of ordinary expenses (average amount).

2) On September 20, 2007, the Defendant prepared the minutes containing the contents of discount and imposition by calculating management expenses for friendship at least 60% of the size of possession. 3).