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(영문) 서울중앙지방법원 2020.01.08 2018가단5216127
관리비
Text

1. The plaintiff's claim is dismissed.

2. The costs of the lawsuit, including costs incurred by participation, are all assessed against the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a management body established for the purpose of managing the Gangnam-gu Seoul Metropolitan Government Building A (which is an aggregate building of the fourth and the sixth floor; hereinafter “instant building”).

B. On March 10, 2015, the Intervenor joining the Defendant (hereinafter “Supplementary Intervenor”) completed each registration of ownership transfer with respect to underground Nos. 4, 5, 6, 6, 7, and H (hereinafter “each of the instant units”) among the instant buildings.

C. On August 28, 2015, the Defendant entered into a real estate security trust agreement (hereinafter “instant trust agreement”) with the truster’s assistant intervenor (former title I), the trustee, and the trust principal as the JW of Preferential Beneficiaries (hereinafter “instant trust agreement”) with respect to each of the instant units, and completed the registration of ownership transfer with respect to each of the units of the instant units as the trustee (hereinafter “instant trust registration”).

The trust contract of this case was entered in the trust ledger at the time of the completion of the registration of the trust of this case, and was bound in the register of each subparagraph of this case, and the part relating to this case among the contents of the trust contract of this case is as follows

[Written Contract for Security Trust of Real Estate] Article 9 (Preservation, Management, etc. of Real Estate in Trust) (1) The truster shall use the trusted real estate continuously, and shall bear all the expenses for the actual preservation of the trusted real estate, all the rights acts, and the expenses

[Matters of special agreement] Article 5 (Real Estate Management) (1) The preservation and management of real estate held in a trust under Article 9 (1) of the Framework Agreement includes security, safety, hygiene, US dollars, taxation, etc. for real estate held in a trust and the prevention and removal of illegal possession.

(2) A truster shall pay management expenses for real estate in trust, and verify that the trustee has no obligation to pay them.

(3) A trustee shall conduct ownership management affairs only on the register, and shall not be liable for any other matters.

E. The instant building management rules do not exceed “the instant building management rules.”

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