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(영문) 서울중앙지방법원 2021.01.15 2019나42077
관리비
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

The purport and purport of the appeal [the purport of the appeal]

Reasons

1. Facts of recognition;

A. As to the relation to the use of C buildings (1) A building with the second underground floor and the 8th floor size above the ground located in Subdivision-gu, Sungnam-si (hereinafter “C building”) is an aggregate building with the use of parking lots, business facilities, and neighboring living facilities.

(2) The remainder of the part excluding the part used as a commercial building among the 1 and 2 floors above the ground of the C building and the entire 3 to 6 floors above the ground are used as a business parking lot (hereinafter “the instant ground parking lot”).

C Ground 7, 8th and upper floors are used for officetels purposes, and underground parking lots for commercial buildings and officetels owners.

B. (1) The Plaintiff is performing the management of the building C from November 1, 2017.

(2) From November 1, 2017, the Defendant, as one of the owners of the instant ground parking lots, owns a part of the share (22.279/71/71/82, 829, 229.79/1,339.69/1, 339.69/2, 339.69/2, 350.84/2,35, 63.125/2,350.65/2,175.35/175) in the instant ground parking lot as of November 1, 2017.

(3) Pursuant to Article 23(1) of the former Act on the Ownership and Management of Aggregate Buildings (amended by Act No. 10204, Mar. 31, 2010), C’s management body is a management body duly established with all sectional owners of C’s buildings as members pursuant to Article 23(1) of the said Act.

(4) On December 2002, the maximum equity right holder of C building was a stock company E (in the case of a convenience company, only when the part of the “stock company” among the human life of the company was first mentioned, and there are no other things thereafter) and was changed to F in 2007.

Han Part F owned approximately 70% shares in the instant ground parking lot. However, G acquired all shares in F’s ground parking lot from January 7, 2015 to December 23, 2015 by means of purchasing shares or receiving a successful bid in the auction procedure, and became a fee parking lot for the instant ground parking lot after becoming a person with the largest share in F’s ground parking lot.

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