logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2015.08.20 2014가단8209
특별수선충당금
Text

1. The Defendant shall pay to the Plaintiff KRW 21,00,000 and the interest rate of KRW 20% per annum from March 11, 2014 to the day of complete payment.

Reasons

1. Basic facts

A. The defendant newly built the above apartment after obtaining approval of the business plan on June 30, 1995 in order to sell Socco Village Apartment 253 households to the general public in Daejeon-dong Samsung-dong 369-1, Daejeon-dong, Daejeon, but 182 households among the 253 households on August 21, 1999 after obtaining approval of the change of the business plan.

B. The defendant leased the above apartment after a pre-use inspection on January 17, 200, and managed it as a rental business operator under the Rental Housing Act during the compulsory lease period of five years, and the public lease portion was converted for sale in lots from June 2003 to September 2005. The plaintiff was transferred the management right of the above apartment on November 14, 2005 to the autonomous management organization of the occupants composed of the above apartment after the conversion into sale in lots.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, purport of whole pleadings

2. Determination

A. The plaintiff asserts that the time when the approval of the business plan of the apartment of this case was obtained on August 21, 199, since the defendant is obligated to accumulate the special repair reserve and transfer it to the council of occupants' representatives consisting of the first time pursuant to the Rental Housing Act, which was in force at the time. Since the time when the business plan of the apartment of this case was approved on June 30, 1995, the defendant asserts that the defendant did not have the obligation to accumulate and transfer the special repair reserve according to the Rental Housing Act, which was in force at the time.

The fact that the Defendant obtained approval to revise the business plan on June 30, 1995 and August 21, 1999 after obtaining approval for the business plan was partially changed to public rental housing units. The above facts are as follows.

In principle, in order for the defendant to construct some of the above apartment units as public rental housing units, the new approval of the business plan is required, but it is only a form of modifying the existing approval of the business plan for public rental housing for procedural convenience, so the approval of the change of the business plan on August 21, 199 is substantial.

arrow