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(영문) 의정부지방법원 2014.09.23 2013가단4876
관리비
Text

1. Defendant B, D, F, G, H, I, J, N,O, and Q are the Plaintiff, and Defendant Q is the management expenses incurred within the scope of inherited property.

Reasons

1. Basic facts

A. Namyang-si, Nam-si, R, S, and T U.S. (hereinafter “instant commercial building”) consists of a total of 50 stores. The Defendants are sectional owners of the number of units listed in the attached Tables 1 and 2 among the instant commercial buildings, and the Plaintiff is a company with the purpose of building management business.

B. Around August 10, 2006, some of the sectional owners of the instant shopping mall opened a meeting, 12 persons among the sectional owners of the instant shopping mall attend a meeting, and establish UAD Association (hereinafter referred to as “UAD”) and appointed Defendant Q’s husband as the president (representative). On June 13, 2009, the Plaintiff entered into an entrustment contract (hereinafter referred to as “instant entrustment contract”) with the above shopping mall on the terms of entrusting the management of the instant shopping mall from June 12, 2009 to June 11, 2014. The main contents are as follows.

Article 2 (Entrustment of Management Right) (1) A shopping mall shall entrust all the management affairs of an aggregate building to the plaintiff as provided in this Agreement.

Article 3 (Details of Management Affairs) The scope of management affairs entrusted by the plaintiff from a shopping mall's business operation committee shall be as follows:

3. Collection of management expenses and user fees, and imposition and collection of management expenses by proxy under Article 8 (Imposition and Collection of Management Expenses) (1) The imposition and collection of management expenses shall be assessed on an average basis of the user-sharing principle and the principle of fairness, and the items of management expenses shall be imposed as follows:

General management expenses: Personnel expenses, welfare expenses, direct and indirect expenses of the manager engaged in this building, and profits of the management company.

(b) Expenses: Expenses for cleaning articles, expenses for office supplies, and other expenses necessary for the management of buildings;

(c) Public imposts: Expenses used for each household and the section for common use, such as electricity charges, water supply charges, and heating charges;

(d) Public imposts as prescribed by Acts and subordinate statutes: the expenses for electric safety maintenance, elevator maintenance and repair, and others;

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