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(영문) 서울고등법원 2016.07.14 2016나2002350
관리비
Text

1. The defendant's appeal is dismissed.

2. Upon receiving the claims added at the trial, the defendant shall be KRW 86,077,490 to the plaintiff.

Reasons

1. Facts of recognition;

A. Pursuant to Article 23 of the Act on the Ownership and Management of Aggregate Buildings (hereinafter “the Act”), the Plaintiff is a management body established with sectional owners of the Geumcheon-gu Seoul Metropolitan Government Officetel (hereinafter “the instant officetel”), and the Defendant is a sectional owner who owns the instant officetel No. 1 and 201 (hereinafter “the instant section for exclusive use”).

B. On September 3, 2006, C, as a temporary head of the instant officetel, held the inaugural general meeting of the management body of the instant officetel (hereinafter “instant inaugural general meeting”). At least 3/4 of the owners of the instant officetels, the instant inaugural general meeting approved the instant management rules (hereinafter “instant management rules”) with the following contents, which serve as the basis for the imposition of management fees for the management of the instant officetels (hereinafter “instant primary resolution”), and the main contents thereof are as follows:

Article 13 (Exercise of Voting Rights)

1. The sectional owners shall have one voting right per ownership, regardless of the share of the size of the occupied part;

2. A sectional owner may participate in the resolution by delegation in writing or by proxy, and his/her agent shall submit the power of attorney to the chairperson before the commencement of the meeting;

Article 37 (Management Expenses, etc.)

1. Management expenses shall be the sum of the following items, and the composition details and calculation methods thereof shall be calculated separately from officetels and commercial buildings, and shall be allocated in lots, and other circumstances shall not be considered, such as the frequency of use and existence of use:

1) General management expenses 2.(3) Measurement expenses 3. (4) Disinfection expenses 5. (5) Maintenance expenses for elevator and parking facilities 6) Maintenance expenses 8) Electric utility 8. (7) Maintenance expenses, 9) Fire insurance premium 10) Inspection fees, etc. (Various facilities, disaster prevention facilities, etc.)

2. The Director of the Management Agency shall collect the long-term repair allowance separately from the management expenses under paragraph (1) of this Article;

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