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(영문) 서울중앙지방법원 2019.01.29 2017나55543
관리비
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's primary and conjunctive claims are all dismissed.

3. The total cost of the lawsuit.

Reasons

1. On December 30, 2009, C (the representative director: J, hereinafter the “C”) newly constructed a building E, an aggregate building, which is an aggregate building, on the land and two parcels of land in Gangnam-gu Seoul Metropolitan Government D large 437 square meters, and completed registration of initial ownership on December 30, 2009.

Article 10 (Preservation, Management, etc. of Trust Real Estate) (1) A truster shall use trust real estate in fact continuously, and shall bear all the expenses incurred in the actual management, such as preservation, maintenance, repair, etc. of trust real estate

Article 16 (Bearing of Expenses) (1) Taxes and public charges on real estate and trust profits, maintenance expenses, financial expenses, and other various expenses necessary for the performance of trust affairs, and damages arising from any cause not attributable to the trustee in the performance of trust affairs, shall be borne by the truster.

On December 30, 2009, the Defendant Intervenor (hereinafter “F”) entered into a real estate security trust agreement (hereinafter “instant trust agreement”) with C on December 30, 2009, and completed the registration of ownership transfer based on each section of exclusive ownership of the instant building on the same day.

C On December 30, 2009, under the name of the Joint Management Council for the instant building (hereinafter referred to as the “Management Council”), the management rules for the instant building (Evidence 6; hereinafter referred to as the “former Management Rules”) were established, and among them, the main contents relating to the collection of management expenses and the appointment of the administrator are as follows:

Article 14 (General Assembly)

5. No person is the subject of the General Assembly at the beginning of occupancy, and the latter shall exercise his rights on behalf of the Council for two years.

Article 17 (Matters to be Resolved) The following matters shall be subject to a resolution of the general meeting of the Council:

1. Matters concerning the enactment, amendment, and repeal of the regulations and building management regulations;

5. The scope of business for which a manager manages vicariously the designation of a management service company, shall be as follows:

2. Management expenses and other expenses;

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