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(영문) 서울북부지방법원 2015.02.13 2013가단36344
관리비 등
Text

1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The Plaintiff (Counterclaim Defendant) is the Plaintiff-Counterclaim Plaintiff amounting to KRW 8,782,317.

Reasons

1. Basic facts

A. The building in Seoul Jung-gu D, E, F, and G ground A apartment 102 (hereinafter referred to as the “instant building”) is a major complex building consisting of three underground floors and 10 floors above ground, apartment 29 households and two commercial buildings.

B. On September 5, 2012, the Lessee was the president of the Plaintiff before H was elected as the president at the council of occupants’ representatives, and the Defendant was the father of the Lessee, and was the owner of the above apartment building 604. The Defendant completed the registration of transfer of ownership on the ground of sale as of October 20, 2013.

[Ground of recognition] Facts without dispute, Gap evidence 2, Eul evidence 2, Eul evidence 3, the purport of the whole pleadings

2. Determination on the main claim

A. The gist of the parties’ assertion is that the Plaintiff filed a claim against the Defendant for the management fee of KRW 5,208,550 from June 201, 201 to August 2013 for the management fee of KRW 604 of the instant building and the delay damages therefor.

On the other hand, the defendant asserts that the defendant's claim for management expenses against the plaintiff who actually resides in the 604 apartment among the buildings of this case is without any legal ground, and that the defendant's claim for management expenses against the defendant who is only the previous owner without residing in the above apartment, and that the amount of management expenses claimed by the plaintiff is unfair because the specific calculation details are not provided.

B. According to the judgment, the council of occupants' representatives of apartment houses under the Housing Act is an unincorporated association consisting of representatives from each building elected in proportion to the number of households by buildings. According to the plaintiff's management rules (Evidence No. 24), unlike the council of occupants' representatives of apartment houses under the Housing Act, the plaintiff is not the representative of each Dong, but all members of the occupants or users of the apartment houses of 29 households of the building of this case, regardless of its name.

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