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(영문) 수원지방법원성남지원 2016.06.03 2015가합207156
특별수선충당금 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is an autonomous management body composed of occupants for the management of the 1,728 generation of sexual apartments on the ground of 8 (Songyangdong) (hereinafter “instant apartment”) in the Seocho-si, Young-si (hereinafter “instant apartment”).

B. On July 29, 1996, Hoho Construction was approved as a project plan to “construction of the instant apartment units 1,462 units as rental housing on the land of 34,478 square meters and 34,478 square meters and above the 38, 177 square meters and above the 34,462 square meters and above at the early

C. On August 8, 1997, Hoho Construction revised the approval of the project plan of the instant apartment to “construction of the instant apartment 1,728 households on the ground of 38,794.0 square meters on the ground of 38,794.0 square meters on the ground of 38,794.”

Around December 200, Hoho Construction completed the apartment of this case, and passed a pre-use inspection as a rental house on December 30, 200, and managed the apartment of this case as a rental business operator under the Rental Housing Act. On December 20, 201, the defendant succeeded to the status of the rental business operator after purchasing the apartment of this case from Hoho Construction on December 20, 201.

E. On June 21, 2006, the Defendant sold 18 households out of the instant apartment, and completed conversion for sale in lots with respect to the remaining 1,710 households on the expiration of the mandatory rental period.

F. On May 31, 2008, the Plaintiff received management duties of the instant apartment from the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence No. 1, fact-finding results on the inner market of this court, the purport of the whole pleadings

2. The major contents of the relevant Acts and subordinate statutes concerning this case are as follows:

【former Housing Construction Promotion Act (amended by Act No. 5230 of Dec. 30, 1996, hereinafter “former Housing Construction Promotion Act”).

[1] A person who intends to construct housing exceeding the number of units as prescribed by the Presidential Decree, or to create housing sites exceeding the size prescribed by the Presidential Decree, shall prepare a project plan and obtain approval from the Minister of Construction and Transportation.

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