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(영문) 인천지방법원 2018.07.18 2017나58765
관리비
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim (including the part extended by this court) is dismissed.

3...

Reasons

1. The defendant's judgment on this safety defense shall provide a defense to the effect that the plaintiff has no right to claim management expenses, and that the plaintiff has no standing to be a party.

However, in a lawsuit for performance, a person who asserts that he/she is the person entitled to claim performance has standing to sue and has standing to be the defendant, and the plaintiff and the defendant do not require that he/she is the person entitled to claim performance or the person responsible to perform performance. Therefore, the defendant's defense

2. Basic facts

A. On June 2008, the Plaintiff entered into a contract for the management of buildings (hereinafter “instant contract”) with respect to C-building units and C-building units (hereinafter “C-building”) which are the C-building units (hereinafter “C-building”) outside and four lots of land in Nam-gu, Incheon (at the time, Nonparty E affixed the written contract in the capacity of the president of C-building Subdivision), and thereafter, manages C-building until now.

B. On August 19, 201, the Defendant purchased Cbuilding G units in the F voluntarily auction procedure with the Incheon District Court.

[Ground] Facts without dispute, Gap evidence Nos. 1 and 12, the purport of the whole pleadings

3. Determination as to the cause of action

A. The Plaintiff’s alleged Cbuilding Service Association is a management body established for the management of C Building pursuant to Article 23 of the Act on the Ownership and Management of Aggregate Buildings (hereinafter “the Aggregate Buildings Act”), and the Plaintiff is an entrusted management body duly delegated by the management body.

Since the entrusted management company may directly claim management expenses to the sectional owner, the defendant, who is the sectional owner of the C building, is obligated to pay management expenses and damages for delay to the plaintiff, the entrusted management company.

B. (1) If a sectional ownership relationship is established with respect to a related provision building, a management body naturally established for the purpose of the management of the building and its site and its accessory facilities by consisting of all sectional owners (Article 23(1) of the Aggregate Buildings Act), and if there are at least 10 sectional owners.

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