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(영문) 광주지방법원 2020.11.13 2020나53346

관리비

Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

1. Purport of the claim.

Reasons

1. Facts of recognition;

A. D Co., Ltd. (hereinafter “ND”) that was newly built of the instant condominium (hereinafter “instant condominium”) was a executor and constructed an aggregate building of the second and seventh floors underground (hereinafter “instant aggregate building”) in the name of “D” in B as a executor, and completed registration of initial ownership on May 23, 2017.

B. Since August 2017, the Defendant sold the instant aggregate building in lots, and the Defendant acquired the ownership of subparagraph H and I of the instant aggregate building around August 2017, and ② around September 9 of the same year, the ownership of subparagraph E, F, G, J, K, and L of the instant aggregate building.

C. The Plaintiff and (BD) entered into the instant building management services agreement and the Plaintiff’s management of the instant aggregate building (1) at the time of the purchase of the instant aggregate building, including the Defendant, the buyers, including the Plaintiff, delegated all of the affairs concerning the overall management of the instant aggregate building, including the selection of building managers, to (2) D through a sales contract signed with the construction company of the instant aggregate building and the seller of the instant aggregate building. (2) On May 22, 2017, the Plaintiff entered into a service contract for the management of the instant aggregate building (hereinafter “instant building management services contract”).

In the above service contract, the Plaintiff and D directly claim management expenses to the sectional owners, etc. each month, and the sectional owners, etc. pay the amount to the Plaintiff. ② The contract term of the above service contract shall be determined from July 1, 2017 to June 30, 2019, and if the other party’s written consent to the extension of the contract term is obtained 30 days prior to the expiration date of the contract term, the above contract shall be automatically extended at the same time as the contract term expires.

3. Since the Plaintiff entered into the instant building management service contract, the Plaintiff has been performing management of the instant aggregate building.

The appointment of a custodian by means of written resolution and the Plaintiff.