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(영문) 대구고등법원 2015.01.13 2014나599
관리비
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claims against the defendants are all dismissed.

3. The total cost of the lawsuit.

Reasons

1. Basic facts

A. The plaintiff is an autonomous management organization composed of occupants for the management, etc. of the Daegu-gu A Apartment (hereinafter "the apartment of this case"), and the defendant is the sectional owners of the apartment of this case.

B. The instant apartment is a single building of the 29th floor above the ground level above the second floor, and an elevator is installed, and it is a main apartment composed of the 172 household units and 7 commercial buildings, and the occupancy began from the point of December 19, 2008 after the completion of construction on October 31, 2008.

On April 2009, Samdidic Co., Ltd. (hereinafter “Madidic Co., Ltd.”) entered into an entrustment contract for the management of the instant apartment, and designated a human park management operator as a housing management operator, around April 2009.

Accordingly, around April 13, 2009, the management office of the apartment of this case was established, and the management fee was imposed and collected on the occupants of the apartment of this case since that time. A business registration was completed in the name of the plaintiff around April 27, 2009.

C. According to Article 3 of the Multi-Family Housing Management Rules (No. 14, hereinafter “instant Management Rules”), the instant Rules stipulate that the instant apartment is subject to management, including seven commercial buildings of the instant apartment and the housing of the instant apartment.

Article 2 (Definition of Management Rules) of the Management Rules

7. The term “managing body” means a resident autonomy management organization, a housing management operator, a project undertaker, and a rental business operator under the Rental Housing Act who manages the collective housing, etc.;

Article 6 (Effect of Regulations) (1) This Code shall also be effective for any person who succeeds to the status of occupant.

Article 11 (Duties of Occupants, etc.) (3) Residents shall monthly engage in management expenses and special repair reserve funds necessary for the maintenance and management of multi-family housing, etc.

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