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(영문) 인천지방법원 2020.11.10 2019가단13680

관리비

Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

Basic Facts

A. C, the representative of the Plaintiff, is a sectional owner in B shopping district located in Yeonsu-gu Incheon (hereinafter “instant building”) E, and the Defendant is a management body comprised of sectional owners of the instant building under the Act on Ownership and Management of Condominium Buildings (hereinafter “Act on Ownership and Management of Condominium Buildings”).

The building of this case is 42 stores (18 commercial buildings on the first floor, 24 officetels 24 commercial buildings on the second floor), and 30 sectional owners who own the section for exclusive use.

B. On September 8, 2017, the Defendant held a temporary meeting to decide on the agenda.

The main contents of the resolved matters shall be as follows:

The establishment of the F Management Committee for Appointment as the manager of the management body - The reasonable change of regulations to six management groups, including three members of the Management Committee 1 and 2 each, shall be made by resolution of the Management Committee.

Management shall be conducted by dividing the amount paid on each floor, other than the allowances for 1 and 2nd floor and the repair and maintenance expenses, and management expenses shall be imposed on each floor by dividing the management expenses into 1/2, and all repair expenses shall be disbursed as repair expenses for the relevant floor.

A parking lot distributed to a public parking lot of the second floor due to the change of use shall be used exclusively by occupants, such as the second floor lessee.

Expenses for the replacement of a short-time accident caused by the transmission of electric wires on the first floor shall be borne by the first floor, and the expenses for the construction of the second floor corridor on the second floor shall be borne by the second floor.

In order to pay 2,800,000 won in total for four-month wages, 1,400,000 won shall be imposed on the lessee at the time, and the remainder shall be paid from the deposit for management expenses.

C. On November 11, 2017, C convened the Plaintiff’s general assembly, and passed the Plaintiff’s establishment agenda with the consent of 14 persons among the 16 sectional owners of the 24th floor officetels of the instant building.

The following contents are stated in the rules of the plaintiff adopted at the above general meeting:

The number of 16 persons holding 24 officetels of Chapter 1 (Purpose) shall be comprised of 24 households (the partial management body of officetels) and manage the partial common use area, and manage it separately from the one floor, and the statutory management expenses shall be borne by each floor of 1/2.