logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원강릉지원 2015.02.04 2013가단22146
관리비
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The plaintiff's assertion

A. The Plaintiff is an aggregate building with two floors above ground (1,384m2) above ground (1,384m2) on the 2nd floor (1,384m2 of each floor) of a A fishery market store located in Gangseo-si, Gangseo-si, and is also a management body under the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Act on the Ownership and Management of Aggregate Buildings”).

B. On September 28, 2012, the Defendant acquired ownership by winning 26 of the said A fishery market stores owned by D Co., Ltd. (hereinafter “D”).

C. Meanwhile, the Plaintiff owned the management fee claim amounting to KRW 52,484,012 against the non-party company prior to the successful bid of 26 stores in the above Aquatic Trade Market. However, the Defendant, the special successor of the non-party company, who is the special successor of the non-party company, is related to the common area of the aggregate building, may exercise the claim against the other co-owners as to the common area by the co-owner under Article 18, Article 18, Article 18 (Effect of Claim

According to this, the above management expenses of the non-party company were succeeded. D.

Therefore, the defendant is obligated to pay to the plaintiff 52,484,012 won the unpaid management expenses of the non-party company.

2. Determination

A. First, we examine whether the Plaintiff falls under a management body under the Act on the Ownership and Management of Aggregate Buildings or is concurrently in the nature of a management body.

A management body under the Act on the Ownership and Management of Aggregate Buildings is "if a sectional ownership relationship is established for a building, it shall be established automatically by all sectional owners (Article 23 (1) and Article 23 of the Act on the Ownership and Management of Aggregate Buildings (Article 23 (1) and Article 23 of the Act on the Ownership and Management of Aggregate Buildings). If a sectional ownership relationship is established for a building, it shall be established by all sectional owners and the management body, the purpose of which is to carry out

arrow