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(영문) 서울고등법원 2015.08.20 2014나20044 (1)

관리비

Text

1. Of the judgment of the court of first instance, the part against the defendant ordering payment in excess of the following part ordering payment.

Reasons

Basic Facts

The plaintiff is a management body comprised of the sectional owners of the seven underground floors and the tenth floor A(hereinafter “instant commercial buildings”) located in Seongbuk-gu, Seongbuk-gu, Sungnam-gu, Seoul and the 10th floor A(hereinafter “instant commercial buildings”) newly constructed around October 2005.

The Defendant, as the sectional owners of the 9th and 10th and upper floors of the instant commercial building, is a company running film screening business with the trade name “D” in the said space, and the said 9th and the 10th and upper floors (hereinafter “the film center of this case”) account for 14.09% of the portion of exclusive ownership of the instant commercial building.

On January 1, 2008, Taewon FC Co., Ltd. (hereinafter referred to as " Taewon FMC") entered into a management service agreement (hereinafter referred to as the "management service agreement of this case") with the Plaintiff to receive KRW 60,527,000 (excluding value-added tax) monthly service charges from the Plaintiff, and manage the commercial building of this case from around that time to May 30, 2010, under which Taewon FC entered into a management service agreement (hereinafter referred to as the "management service agreement of this case") with the Plaintiff to receive the facility management, US, security, and safety management of the commercial building of this case.

B. On April 15, 2010, the Plaintiff and the Plaintiff agreed to lease the part of the instant building from the second to the eightth above ground (hereinafter “the leased part of the instant building”) among the instant commercial buildings, but the term of the instant building was under a lease agreement to exercise management rights (e.g., parking, security, U.S. dollars, facilities, etc.) for the entire facilities of the instant commercial building during the term of the lease (hereinafter “the instant lease agreement”), and thereafter, the Plaintiff and the management authority acquired the leased part of the instant building. However, the Plaintiff and the management authority acquired the leased part of the instant building.