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(영문) 서울중앙지방법원 2016.12.09 2015가합570419
특별수선충당금 등
Text

1. The Defendant’s KRW 200,000,100 as well as the Plaintiff’s annual interest from July 5, 2012 to November 20, 2015, and the following.

Reasons

1. Basic facts

A. On March 3, 200, 200, 200, 200, 468 households, 7, 3, 3, 468 (hereinafter “the apartment of this case”) of Gangseo-si, 1780, Gangnam-si, 3, 3, 300.

A) After obtaining approval for a housing construction project plan that newly constructs a rental house, the apartment of this case was completed and undergone a pre-use inspection on September 21, 2001, and the apartment of this case was managed as a rental business operator under the Rental Housing Act. (2) On January 30, 2007, Seo Young-young Co., Ltd. submitted a plan for conversion of the unit sale of rental housing to 468 households of this case (per household supplied area 113.486mm2) and obtained approval for conversion for sale in lots to 22 households around that time.

3) On December 30, 2009, the Defendant succeeded to the status of the rental business operator with respect to the instant apartment after being divided into the Ministry of Construction and Transportation (Seoul Metropolitan Government). (4) On November 24, 201, the Defendant filed an application for approval for conversion of the sale of the instant apartment to the remaining 446 households of the instant apartment, and obtained approval for conversion for sale in lots on the same day

B. Around May 10, 2012, the Plaintiff transferred KRW 405,047,329, which was accumulated by the Plaintiff as the autonomous management body organized by the occupants for the management of the instant apartment, and the Defendant’s management of the instant apartment on May 31, 2012. (2) On July 4, 2012, the Defendant transferred KRW 405,047,329, which was accumulated as the repair reserve for the instant apartment to the Plaintiff.

[Reasons for Recognition] The facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 through 7, the fact inquiry result of this court's fact inquiry about the Gangnam viewing, the purport of the whole pleadings.

2. Relevant Acts and subordinate statutes (amended by Act No. 6656, Feb. 4, 2002) (1) A rental business operator of rental housing under the provisions of Article 17 (1) shall accumulate special repair reserve funds necessary for the replacement and repair of main facilities.

(2) A rental business operator shall sell constructed rental housing after the lapse of the mandatory rental period.

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