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(영문) 대법원 2016.01.28 2014다218528

관리비

Text

The judgment below

The part against the plaintiff is reversed, and that part of the case is remanded to the Seoul High Court.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. The manager has the authority to do judicial or extra-judicial acts representing the managing body in relation to the execution of the managing body's business;

(1) Article 25(1)3 of the Act on the Ownership and Management of Aggregate Buildings (Article 25(1)3 of the Act on the Ownership and Management of Aggregate Buildings). Since the manager may entrust another person with the management of an aggregate building, the management company entrusted with the management of an aggregate building by the manager has the authority to conduct the management of the aggregate building including the imposition and collection of management expenses during the period of entrustment stipulated in the entrusted management agreement (see Supreme Court Decision 2006Da3340, Dec. 8, 2006). 2. The court below, based upon the adopted evidence, newly constructed the instant building, which is F and G aggregate Building, and completed the registration of preservation of ownership in the name of each of the instant buildings around 204, divided the instant building into separate sections and sold each of the instant buildings to the buyer and the manager designated by the seller (F, G or manager for two years from the date of initial designation of the occupants).

Based on the above factual basis, the lower court: (a) concluded a sales contract with the respective sectional owners of the instant building by setting up the sales contract with F and G, thereby making the sales contract in writing by each sectional owner.