beta
(영문) 서울고등법원 2016.11.01 2016나2018973

관리비

Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. The reasoning of the judgment of the court of first instance cited the same reasoning as the reasoning of the judgment of the court of first instance, except for any modification or addition as follows. Thus, it is acceptable to accept it as it is by the main sentence of Article 420 of the Civil Procedure

2. On the 10th page 10 of the first instance judgment, the following shall be added to a corrected or added portion:

In addition, the Defendant asserts that the instant management consignment agreement is not binding on the instant management consignment agreement, since the Defendants withdrawn delegation to the instant management body, and ② the instant management body terminated the instant management consignment agreement with the Plaintiff, the Defendants are not bound by the instant management consignment agreement. However, the instant management body is naturally established for the purpose of carrying out business management by consisting of all sectional owners pursuant to Article 23(1) of the Act on the Ownership and Management of Aggregate Buildings, and is not based on individual delegation with the Defendants. (2) The instant management body is not based on individual delegation between the Defendants, and there is insufficient evidence to acknowledge the instant management consignment agreement with the Plaintiff, and there is no other evidence to acknowledge it. Accordingly, the Defendants’ assertion is without merit.

The following shall be added to the 14th judgment of the first instance.

D. 1) The Defendants asserted that they did not have the responsibility to pay general management expenses to the Defendants. The Defendants asserted that general management expenses constitute personnel expenses for management personnel and expenses incidental thereto, and that they cannot bear the general management expenses due to the Defendants’ direct management of the instant real estate.

2 According to the statement No. 5, Article 14 of the instant management rules provides that the method for building management shall be determined at a plenary meeting convened by the Chairperson, and Article 15 provides that the building management and the building management and the building management.