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(영문) 수원지방법원 2015.05.21 2014가합7431

관리비

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a management body of a building A located in the Seo-gu, Seocheon-gu, Western-gu, and six parcels (hereinafter “instant condominium building”).

B. D, among the instant condominiums, leased 18 commercial buildings, including 201-21 and 215-221 (hereinafter “instant commercial buildings”) and operated a trading hole, and agreed to change the name of the said trading business right between E and E on July 18, 2012.

[Ground of recognition] Facts without dispute, entry of Gap evidence 5, purport of whole pleadings

2. Determination as to the cause of action

A. The Plaintiff asserted the cause of the claim that the Defendant is obligated to pay the management expenses of the instant commercial building from August 1, 2012 to February 28, 2014, since it actually succeeded to the status of D, which is the lessee or occupant of the instant commercial building, while succeeding to the right to operate the instant commercial building from August 1, 2012, the Plaintiff claimed that the Defendant seek payment of the unpaid management expenses of KRW 162,95,090 for the instant commercial building from August 1 to February 28, 2014.

B. 1) Determination 1) As the person liable to pay the management expenses under the management rules of the instant condominium, Article 7 subparagraph 5 of the management rules of the instant condominium is stipulated as "in braille, etc."; Article 3 subparagraph 2 of the management rules of the instant condominium refers to the sectional owners of the exclusive ownership of the exclusive ownership, the lessee of the sectional ownership, and the person who occupies and uses part of the joint ownership by seeking the consent of the management body, and the lessee of the sectional ownership. Article 5 subparagraph 2 of the sectional ownership provides that the lessee of the exclusive ownership shall take place at the time of the acquisition of the right to lease on a deposit basis and the right to lease on a deposit basis of the exclusive ownership. Article 8 subparagraphs 1 and 2 of the management rules of the instant condominium shall have the obligation to pay the management expenses. Ultimately, the person liable to pay the management fees of the instant condominium is the sectional owners of the exclusive ownership of the aggregate building and their successors, lessees, lessees