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(영문) 인천지방법원부천지원 2014.01.17 2013가합4264

관리비

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff is a party to the instant condominium-type factory (hereinafter referred to as “instant condominium-type factory”) with three identical factories and support facilities on the 10th ground level above the 10th ground level above the ground level in Kimpo-si, Kimpo-si.

(2) A management body consisting of all the sectional owners of the instant aggregate building. (2) Around March 2009, Defendant E.S. Co., Ltd. (hereinafter “Defendant E. E.P.”) concluded a real estate security trust agreement on the instant aggregate building (hereinafter “instant trust agreement”) with the purpose of preserving and managing trust real estate and settling the trust real estate in the event of Defendant E.S.’s nonperformance of obligation on the priority beneficiary in order to secure the obligation owed by Defendant E.S. to the priority beneficiary.

B. The sales contract between Defendant E.S. and buyer entered into a sales contract with the buyer of the instant aggregate building on the following terms:

(1) The buyer shall enter into a management contract with the head of the relevant Si/Gun/Gu or a person designated by the head of the relevant Si/Gun/Gu, and pay the management expenses deposited to the management office, and the management expenses shall be borne by the purchaser from the payment

(2) In order to manage the instant condominium building for two years from the date of approval for use (Article 11(1)) of the sale contract, the buyer may form an organization necessary for the management of the building (self-government organization) with another buyer by three months prior to the end of the management period.

(Article XI, Section 2). (c)

The building management services contract between Defendant E.S. and E.S. General Management Co., Ltd. (hereinafter “Defendant E.S. management services contract”) Defendant E.S. gender on January 12, 2009.