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(영문) 광주지방법원 2021.01.19 2020가단17332
관리비
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff was entrusted with the management of the instant aggregate building on October 8, 2018 by the managing body of the second underground floor and the eightth floor F Building on the ground (hereinafter “instant aggregate building”) constructed around October 2016 on the ground in Naju-si.

B. G Co., Ltd. (hereinafter “G”) completed the registration of the preservation of ownership of H heading, I, J heading, K heading, L, M heading, N heading, and O heading (hereinafter “each subparagraph of this case”) among the instant aggregate buildings, and completed the registration of the transfer of ownership on November 7, 2016 (H heading, I, L throughO heading, and H heading) and on December 7, 2016 (J heading, and K heading) completed the registration of the transfer of ownership on the ground of trust on March 14, 2017 with respect to subparagraph 1, J heading, L heading, and H heading and H heading on April 18, 2017, and completed the registration of the transfer of ownership on the grounds of each subparagraph of the trust property on April 17, 2015.

(c)

With respect to G and G on March 10, 2017, the Defendant entered into a real estate security trust agreement (hereinafter “instant trust agreement”) with each truster G, the trustee, the Defendant, the trust principal, and the trust-related financial institution with respect to H on May 18, 2017, and K, and completed the registration of the transfer of ownership (hereinafter “instant trust registration”) with respect to H on May 22, 2017, with respect to H and K as the trustee of each Defendant on the registration of the transfer of ownership (hereinafter “instant trust registration”).

(d)

The instant trust agreement was entered in the trust ledger at the time of the completion of the instant trust registration, and was bound in the registry of each of the units of this case. The provisions concerning the management of real estate in the instant trust agreement are as follows.

Article 9 (Preservation, Management, etc. of Trusted Real Estate) (1) The truster shall actually continue to occupy and use the Trusted Real Estate, and shall bear all the actual preservation of the Trusted Real Estate, all the management activities, and all the expenses incurred therein.

§ 15 (Bearing of Expenses) ① For real estate in trust and trust interests.

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