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(영문) 수원지방법원안산지원 2016.05.19 2014가합4443
관리비
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Facts of recognition;

A. On December 1, 2013, the Plaintiff entered into an entrustment management contract for the instant building (hereinafter “instant management contract”) with the head of the management group F of the E located in Ansan-si (hereinafter “instant building”) and performed the affairs of maintaining buildings and facilities, including the collection of management expenses, in accordance with the instant management contract.

B. On February 2013, the Defendants acquired shares of 301, 302, and 501 of the instant building through auction, and completed each share transfer registration as to February 301 and 501 of the instant building on February 25, 2013.

C. From December 2013 to September 2015, the Plaintiff imposed on the Defendants the total amount of KRW 136,983,990 (i.e., general management expenses, operating expenses, and management expenses comprised of joint electricity charges (i.e., KRW 41,056,030, KRW 302 Subparag. 27,355,360, KRW 501, KRW 68,572,60). However, the Defendants did not pay such amount.

[Recognition] Facts without dispute, Gap 1 to 4, 16, 17 evidence (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The Defendants’ determination as to this safety defense is merely a procedure to collect management expenses of the management body of the instant building on behalf of the Plaintiff, and the Plaintiff is not a creditor entitled to management expenses, and thus, the Plaintiff’s defense is not a creditor entitled to the payment of management expenses. Thus, in the lawsuit for performance, the standing to be a party exists in the person who asserts himself/herself the right to demand performance, which is a subject matter of lawsuit, and whether the right to demand performance exists is proved through the deliberation on the merits (see, e.g., Supreme Court Decision 2003Da44387, Oct. 7, 20

3. Judgment on the merits

A. The Plaintiff’s assertion is entitled to manage the instant building by concluding the instant management contract with the representative of the managing body of the instant building on December 1, 2013, and even if the instant management contract is not effective, the instant building on May 19, 2015.

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