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(영문) 울산지방법원 2016.11.03 2016나1847
관리비
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The B council of occupants’ representatives (hereinafter referred to as the “instant council of occupants’ representatives”) is an autonomous management body comprised of occupants for the management, etc. of the building for the building for the main complex C in Ulsan-gu, Ulsan-gu (hereinafter referred to as the “instant condominium”). The Plaintiff is a corporation that entered into an entrustment management contract with the instant council of occupants’ representatives on the management of the instant

The defendant is a sectional owner of 102, 103 and officetels 606 located in the aggregate building of this case.

B. The instant aggregate building consists of 6 underground and 48 floors above ground, and has an elevator installed, composed of 278 households of multi-family housing, 52 households of officetels, and 11 commercial buildings, and obtained approval for use on February 26, 2010.

C. As to the above officetel 606, the Plaintiff notified the Defendant that management expenses of KRW 3,416,410 from around September 201 to March 2013; management expenses of KRW 3,476,920 from around August 2012 to July 2015; and management expenses of KRW 3,476,920 from around July 2012 to around April 2015; and management expenses of KRW 2,802,250, total amount of KRW 9,695,580 from around April 2012 to April 2015. The Defendant did not pay them up to now.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, and 21, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion 1) In the case of the instant aggregate building, 278 households, commercial buildings, and officetels are 63 households, and the council of occupants' representatives in this case becomes the management entity of the instant aggregate building. The plaintiff who concluded the above entrustment management contract with the council of occupants' representatives in this case has the authority to seek management expenses against the defendant. 2) In addition, at the time when the plaintiff and the council of occupants' representatives in this case concluded the above entrustment management contract with the council of occupants' representatives, the owners in commercial buildings and officetels did not raise any objection, and the council of occupants' representatives in this case

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