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(영문) 인천지방법원 2017.08.23 2016나10988
관리비
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Basic facts are the aggregate buildings consisting of 922 sectional owners and 14,592.55 square meters of the entire section for exclusive use. The Defendants are sectional owners of the instant commercial buildings.

[Ground for recognition] Unsatisfy

2. The plaintiff and the defendants' assertion

A. The Plaintiff’s assertion is a legitimate management body of the instant commercial building, and the cost incurred from April 2013 to September 2015 in relation to the management of the common area and the management body’s work.

The Defendants, a sectional owner, should share the above costs in accordance with the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Aggregate Buildings Act”). As such, the Plaintiff seek payment of KRW 469,81, KRW 115,237 to Defendant B, KRW 138,284 to Defendant C, and delay damages therefrom according to the Defendants’ share ratio.

B. The Plaintiff’s assertion by the Defendants is merely an association created by some sectional owners of the instant commercial building for the purpose of operating a lease business in the instant commercial building, and is not a management body.

Therefore, the Plaintiff cannot seek management expenses from the Defendants.

Even if the Plaintiff’s legitimate management body, the cost incurred from April 2013 to September 2015, which the Plaintiff sought, cannot be deemed as the management cost of the instant common areas or the management body’s business cost, and is not the amount to be borne by the sectional owners of the instant commercial buildings.

Therefore, the defendants are not obligated to pay the amount claimed by the plaintiff.

3. First of all, as to whether the Plaintiff is a legitimate managing body, the Plaintiff’s representative G is a legitimate managing body, manager, and evidence Nos. 3, 7, 8, and 9 under the Aggregate Buildings Act, and the overall purport of pleadings, the Plaintiff and the Plaintiff’s representative demands and notifies at least 1/5 of the entire sectional owners of the instant commercial building to convene a managing body on April 2013, and the temporary managing body held on July 28, 2013.

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