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(영문) 서울중앙지방법원 2020.02.14 2018나70761
관리비
Text

1. Each appeal against the instant principal lawsuit and counterclaim by the Defendant (Counterclaim Plaintiff) and the instant court added thereto.

Reasons

1. Basic facts

A. The Defendant is a sectional owner who completed the registration of ownership transfer by selling fashion F (hereinafter “instant store”) among the E shopping mall located in Seocho-gu Seoul Metropolitan Government D (hereinafter “instant shopping mall”) from C (hereinafter “C”).

B. On January 1, 2005, C entered into a management consignment agreement with the Plaintiff operating a building management business, and the Plaintiff has been managing the instant commercial building since that time.

C. The main contents of the E Management Body (hereinafter “instant Management Body”)’s bylaws organized pursuant to the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Aggregate Buildings Act”) are as follows:

1) A new sectional owner (including a successor purchaser) who acquired the sectional ownership of a building;

A) A manager shall report the fact to the Representative Committee via a manager and submit documentary evidence as to the change of ownership, and the notification to the previous sectional owner prior to the performance of the above obligation shall also be effective for the successor (Article 8 (2)). A person who possesses the section of exclusive ownership from a sectional owner for lease or any other reason shall have the right and duty as the possessor prescribed by law; the possessor shall have the same obligation as the sectional owner bears according to the rules or the resolution of the management body and the resolution of the representative committee in relation to the use of the building, site or accessory facilities; and the provisions of Article 8 shall also be applied mutatis mutandis to the possessor (Article 9 (3))

) The sectional owners, etc. are jointly and severally liable for the management expenses, etc. to be borne by them to the management body or manager (Article 10.4). If the management expenses are not paid by the due date designated by the manager, 5/100 of the delinquent amount shall be added to the late payment charge every one month after the due date designated by the manager.

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