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(영문) 인천지방법원 2017.07.14 2016가합2679

등본교부청구

Text

1. Each of the plaintiffs' lawsuits against defendant Il-il Integrated Management Corporation shall be dismissed.

2. The plaintiffs' defendant.

Reasons

1. Basic facts

A. From October 2014, Plaintiff A is the lessee of Gyeyang-gu Incheon Metropolitan City Gyeyang-gu C (hereinafter “instant building”) and Plaintiff B is the sectional owner of the instant building 203.

B. Defendant C management body (hereinafter “Defendant C management body”) is a management body established with all sectional owners of the instant building as members pursuant to the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Aggregate Buildings Act”). Defendant Il Total Management Co., Ltd. (hereinafter “Defendant Il Total Management”) concluded a contract with Defendant C management body on December 17, 2014 and performs the management of the instant building.

C. On January 21, 2017, Defendant managing body held a general meeting of managing bodies and enacted the management rules (hereinafter “instant management rules”), and the provisions pertaining to the inspection and copying in the management rules are as follows.

The definitions of terms used in the rules of Article 2 shall be as follows:

1. "Divided owner" means a sectional owner under subparagraph 2 of Article 2 of the Aggregate Buildings Act;

2. The term "occupant" means a person who occupies the section for exclusive use with the consent of the sectional owner;

3. The term "sectional owner, etc." means a sectional owner under subparagraph 1 and an occupant under subparagraph 2;

Article 22 (Keeping, Perusal, etc. of Data) (1) Materials to be kept by the management body shall be as follows:

3. Accounting documents related to the collection, disbursement, and accumulation status of management expenses, user fees, management expenses, deposits, miscellaneous income, long-term repair reserve funds, late fees, etc.;

(2) A sectional owner, etc. may request in writing the perusal of the materials specified in paragraph (1) or the issuance of a certified copy at his/her own expense.

Article 25 (Entrustment of Affairs) The management body may entrust the affairs of the management body to the third party according to the resolution of the management body meeting.

Article 26 (Conclusion of Management Entrustment Contract) (2) Entrusted management companies shall be governed by relevant Acts and subordinate statutes.