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(영문) 수원지방법원 2015.03.26 2014나27088

관리비

Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiff KRW 19,719,95 and KRW 11,440,675 among them.

Reasons

1. Facts of recognition;

A. On October 31, 2005, the Plaintiff continued to perform the entrusted management contract on the building of this case between D and D, who is in the possession of the president of the management body at Suwon-si, Suwon-si (hereinafter “instant building”); and (2) on October 19, 2006, between E and E, who is in the possession of the president of the management body, the entrusted management contract for the building of this case (from November 1, 2006 to October 31, 2008), and ③ on October 25, 2008, between E and E, who is in the possession of the president of the management body, the entrusted management contract for the building of this case (from November 1, 2006 to October 31, 2008). < Amended by Presidential Decree No. 21035, Oct. 25, 2008; Presidential Decree No. 21010, Oct. 13, 2008>

B. On April 12, 2005, the Defendant leased the instant restaurant Nos. 101 of the first basements (hereinafter “instant restaurant”) among the instant buildings by setting the deposit amount of KRW 20 million, monthly rent of KRW 1.5 million, and the term of the lease from April 12, 2005 to April 12, 2008, and operated the instant restaurant from around that time.

C. On April 23, 2006, the Plaintiff took a measure of cutting-down on the instant restaurant on the grounds that management expenses were unpaid. Accordingly, the Defendant suspended the business of the instant restaurant since April 23, 2006.

The management body of the instant building held a general assembly on July 17, 2013 and elected G as the representative of the management body on July 25, 2013, concluded an entrustment management agreement on the instant building again with the Plaintiff on July 25, 2013, and concluded the said entrustment management agreement on April 1, 2014.

The above entrusted management contract was ratified.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 4, 8 through 13, Eul evidence Nos. 2, 10, and 21 (including each number), the purport of the whole pleadings

2. Judgment on the parties’ assertion

A. On October 31, 2005, the Plaintiff concluded a contract with the management body of the instant building and the entrusted management authority to collect the building management and management expenses, and entered into a lawful extension contract after which the Plaintiff had been authorized to collect the building management and management expenses.