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(영문) 서울동부지방법원 2014.06.19 2013가단37525
관리비
Text

1. The Defendant’s KRW 8,983,580 as well as 5% per annum from June 26, 2013 to June 19, 2014 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is an aggregate building D, an aggregate building in Gwangjin-gu Seoul Special Metropolitan City, the implementer of the new construction project.

B. On November 15, 2011, the Defendant acquired ownership on the 8th floor No. 036 square meters of the instant building (hereinafter “instant building”) through a voluntary auction.

【Fact that there has been no dispute】

2. Determination on this safety defense

A. The gist of the defendant's assertion is that the plaintiff is not a manager prescribed by the Act on the Ownership, Management, etc. of Aggregate Buildings or a person appointed as prescribed by the said Act, and thus, the plaintiff's filing of the lawsuit in this case is unlawful.

B. The following facts, first of all, may be acknowledged in full view of the purport of the entire pleadings in the entries in Gap evidence Nos. 4 and 5, although there is no dispute between the parties or in full view of the following facts:

(1) The management body of D, with the consent of at least 3/4 of both sectional owners and voting rights, enacted the management rules (hereinafter “instant management rules”) and constituted a representative committee by selecting the representative members for each district.

The contents of the instant management rules pertaining to this case are as follows.

Article 25 (Matters for Decision)

1.The assembly shall adopt the following resolutions:

Article 30 (Composition of Representative Committee)

1. A representative committee shall be established to deliberate and determine important matters concerning the affairs of the management body;

Article 40 (Manager)

1. For the smooth operation and efficient management of the opening of the opening of the D, a person who is designated by the Plaintiff as the implementer of the D New Project shall be appointed as the first manager of D.

2. The conclusion of a management contract following the appointment of an administrator shall be made by a representative committee and manager;

Article 42 (Obligations of Custodians) The Custodians shall perform the following duties:

7. Business affairs concerning the imposition, collection, and deposit use of management expenses: the Chairperson at the time of the Representative Committee of D Building Management Body on March 13, 201, pursuant to Article 40 of the Management Rules of this case.

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