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(영문) 청주지방법원 2013.05.22 2013가단1730
특별수선충당금 반환
Text

1. The Defendant’s KRW 87,427,367 as well as 5% per annum from February 12, 2009 to March 25, 2013 to the Plaintiff.

Reasons

1. On August 22, 2003, the Defendant newly constructed the Jincheon-Support Apartment Complex located in 1078, Jincheon-gun, Jincheon-gun, Jincheon-do (hereinafter “the apartment of this case”) and then leased the apartment after undergoing a pre-use inspection as a rental house on August 22, 2003, but converted the sale of the apartment around October 2008 when the mandatory rental period has elapsed.

As a rental business operator of the apartment of this case, the Defendant accumulated the special repair reserve of KRW 87,427,367 (hereinafter “the special repair reserve of this case”) from August 23, 2004, which was the day before the date one year elapsed from the date of the usage inspection of the apartment of this case, to February 11, 2009, which was the day before the date when the management right of the apartment of this case was transferred to the Plaintiff.

The plaintiff was organized on February 12, 2009 to manage the apartment of this case by the number of buyers occupying the apartment of this case.

Related Acts and subordinate statutes: Article 31 of the Rental Housing Act; a rental business operator of rental housing shall accumulate special repair reserve funds required for the replacement and repair of main facilities (paragraph (1)); and a rental business operator shall grant special repair reserve funds accumulated pursuant to paragraph (1) to the council of occupants' representatives organized for the first time pursuant to Article 43 of the Housing Act, in order to convert the constructed rental housing into

(2) Article 30 (3) of the Enforcement Decree of the Rental Housing Act provides that a rental business operator shall accumulate special repair reserve funds under Article 31 (1) of the Act every month from the month in which the date of inspection of use falls.

【Until March 25, 2013, the delivery date of the application for change of claim for the appropriation reserve of the special appropriation reserve of this case accumulated by the Defendant to the Plaintiff, barring any special circumstance, the Defendant is about the promotion of the lawsuit, etc. from February 12, 2009 to March 25, 2013, which is the delivery date of the application for change of claim for the appropriation reserve of the special appropriation reserve of this case and the obligation to transfer the appropriation reserve of special appropriation reserve of this case.

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