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(영문) 서울동부지방법원 2018.07.13 2016가합111667
관리비
Text

1. The Defendant’s KRW 178,197,370 for the Plaintiff and the following: 5% per annum from November 16, 2016 to May 10, 2018.

Reasons

1. Basic facts

A. The Plaintiff is a party’s position 1) The Plaintiff is an aggregate building of 8 underground floors and 20 floors above ground that were constructed on the ground of Songpa-gu Seoul Metropolitan Government from around 1992 to October 31, 2016 (hereinafter “instant building”).

(2) The sectional owners or occupants of the instant building have paid management expenses to the Plaintiff according to the notification on the payment of management expenses issued by the Plaintiff. 2) As to the fact that the Plaintiff performed management duties and collected management expenses within the said period, there was no special objection by the sectional owners of the instant building or the management body.

3) The Defendant is a sectional owner who acquired the ownership under subparagraph of the instant building on December 26, 2013. B. The Plaintiff’s entrusted management work is completed 1) the sectional owners of the instant building enacted the management rules on August 8, 2016, and constituted the management committee according to the regulations.

On September 5, 2016, the above management committee appointed the defendant as the manager of the management body of the building of this case.

2) After the management committee was organized and the manager was appointed, the management body of the instant building proposed to continue the management of the instant building to the Plaintiff, but the Plaintiff notified that it would terminate the management of the instant apartment as of October 31, 2016. Accordingly, the management body entered into a new building management contract with F Co., Ltd. around October 31, 2016 following the public announcement of tender. 3) The Plaintiff terminated the management of the instant building on October 31, 2016.

[Reasons for Recognition] The facts without dispute, Gap evidence Nos. 1, 4 (including branch numbers, hereinafter the same shall apply), Eul evidence Nos. 3 through 6, the purport of the whole pleadings

2. Summary of the parties’ assertion

A. Plaintiff 1 entered into a contract for the management of a building lawfully with the management body at the time when the building of this case was completed in around 1992 and has been managing it.

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