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(영문) 청주지방법원 2019.09.04 2018나10495
미지급관리비
Text

1. The decision of the court of first instance against the defendant in excess of the following portions shall be revoked, and such revocation shall be revoked:

Reasons

Facts of recognition

The pertinent Plaintiff of the parties is an organization that manages and operates the Cheongju-si C commercial building (hereinafter “instant commercial building”), and the Defendant completed the registration of ownership transfer on October 12, 2015 with respect to D, E, F, and G (hereinafter “each of the instant stores”) among the instant commercial buildings on November 19, 2015.

According to the Act on Ownership and Management of Condominium Buildings (hereinafter “Aggregate Buildings Act”), the management entity of the commercial building of this case, changed in the management entity of the commercial building of this case, became the management entity of the C management body comprised of all sectional owners including the sectional owners of the unsold section of exclusive ownership at that time. A management entity of the commercial building of this case was appointed as the management entity of C management body around 2004 and managed the commercial building of this case.

H was subject to the Daejeon High Court Decision 2012Ra72 on February 1, 2013 upon the application of the sectional owners of the instant commercial building, and the Daejeon District Court Decision 2012Ra72 on January 18, 2013 that “H is dismissed from the manager of the management body C” in the case of Cheongju District Court 2012Gahap3811, which became final and conclusive on February 14, 2013, and lost the status of the manager upon the determination of the above provisional disposition, and thereafter, I appointed as the acting manager of the management body C was managing the instant commercial building.

Article 12 (2) of the Distribution Industry Development Act (2) on December 15, 2014, the J, the representative of the plaintiff, shall perform the duties referred to in the subparagraphs of paragraph (1) by any of the following persons (hereinafter referred to as "large scale store manager, etc.") in a superstore or a registered quasi-large store:

2. Where no person directly runs at least half the area of sales stores, any of the following persons:

(a) A merchant who conducts business by selling in the relevant superstore or a registered quasi-superstore (hereinafter referred to as "occupant");

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