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(영문) 인천지방법원 2018.02.14 2017나55292

관리비

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1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

Reasons

1. Basic facts

A. The Seo-gu Incheon Metropolitan Government B building (title C on the register; hereinafter “instant building”) is a building of the fifth and the fourth floor above the ground constructed by a space construction corporation around March 1994, and five persons under divided ownership as shown below.

The Defendant purchased the instant building 501 from D on November 13, 2013 and operates a bowling site at a place after completing the registration of ownership transfer on January 2, 2014.

Space Construction Co., Ltd., 1301.6 15.6 18.18.201 201 201 301 E on 301 401 401 above 1329.90 501 1329.31, 1332.78 16.34 16.34 101 below ground 132.6 15.502 G42.975.19 : The current status of sectional owners

B. The Plaintiff concluded an entrustment contract with the sectional owners of the instant building and concluded an entrustment contract with the Space Construction Co., Ltd. on June 5, 2005, and concluded an entrustment contract with G on September 16, 2015, respectively, on December 29, 2006, and September 16, 2015, respectively. < Amended by Act No. 11558, Jan. 1, 2012>

However, E, F (the instant building No. 301), which is the remaining sectional owners, did not conclude an entrustment contract for building management with the Defendant (the instant building No. 501).

However, the relocating owners of the instant building Nos. 301 and 501 concluded an entrustment contract with the Plaintiff, and HH on May 27, 2007, which was the lessee of the instant building 301, concluded an entrustment contract with the Plaintiff on May 27, 2007, and B merchants’ association (organization consisting of lessees of the instant building) concluded an entrustment contract with the Plaintiff on June 5, 2005.

C. In managing the instant building, the Plaintiff initially imposed management expenses on the sectional owners by calculating the amount of expenses per area, but each sectional owner from January 1, 2015.