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(영문) 수원지방법원안양지원 2014.05.22 2012가단23489

관리비

Text

1. The Defendant’s annual interest in KRW 12,90,984 and KRW 7,415,926 among the Plaintiff, from August 14, 2012 to May 22, 2014.

Reasons

1. Basic facts

A. On October 31, 2005, the Plaintiff continued to perform the entrusted management contract on the instant building (from November 7, 2005 to November 6, 2006) between D and D, who is the president of the management body of the Young-gu, Suwon-si (hereinafter “instant building”), under the entrustment management contract with E, who is the president of the management body of the instant building, on October 19, 2006 (from November 1, 2006 to October 31, 2008), and (3) between F and E, who is the president of the management body of the instant building, to perform the entrusted management contract on the instant building (from November 1, 2006 to October 31, 2008). < Amended by Presidential Decree No. 21035, Oct. 25, 2008; Presidential Decree No. 21010, Oct. 11, 2008>

B. On April 12, 2005, the Defendant leased the real estate located on the first floor (hereinafter “instant restaurant”) among the instant buildings, and operated the instant restaurant from around that time. The Plaintiff took measures to cut-out the instant restaurant on April 23, 2006 on the ground that management expenses were unpaid. Accordingly, the Defendant suspended the instant restaurant’s business since April 23, 2006.

C. On July 17, 2013, the management body of the instant building opened a general meeting to elect G as the representative of the management body, and concluded a consignment management contract on July 18, 2013 with the Plaintiff again on July 18, 2013, and on April 1, 2014, the management body of the instant building concluded the entrustment management contract on the instant building.

Each of the above consignment management agreements was ratified.

【Ground of recognition】 The fact that there has been no dispute, Gap’s 4, 8 through 10, 12, 13, Eul’s 2, 10, 21, and the purport of the whole pleadings

2. The assertion and judgment

A. The gist of the plaintiff's assertion 1) The plaintiff concluded an entrustment management contract with the management body of the building of this case on October 31, 2005 and was authorized to collect the building management and management expenses. Thus, the defendant is obligated to pay 65,916,100 won to the plaintiff for management expenses incurred from October 31, 2005 to November 2009.