logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2017.09.01 2016나2080732
관리비 등 청구
Text

1. The plaintiff's appeal is all dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance, which cited this case, is the same as that of the judgment of the court of first instance, except for the following cases, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act

2. Parts in height:

A. On the fourth ground of the judgment of the court of first instance, the “310,63,922 won” of the first instance judgment is deemed to be “310,663,922 won” of the first instance judgment.

B. On the part of the judgment of the court of first instance, the facts of the first instance judgment Nos. 6 to 11 are as follows.

According to the purport of the whole argument, the defendant committee currently suspended non-residential business facilities and commercial facilities management activities of the aggregate building of this case, and each management body of non-residential business facilities and commercial facilities entrusted management affairs to the management company such as EM Co., Ltd.

(i) the Act;

C. From 6th of the judgment of the court of first instance, conduct Nos. 16 to 7th of the judgment is as follows.

A. The term "management of affairs" refers to an act of managing affairs on behalf of another person without any obligation. If such affairs are not affairs of another person or there is no intention of management to handle affairs on behalf of another person (see, e.g., Supreme Court Decision 94Da5943, Sept. 15, 1995). In addition, a person who, without any obligation, performs affairs of another person may claim reimbursement of expenses, etc. against the other person in accordance with the provisions of the Civil Act. However, if he/she performs affairs of another person under an agreement with a third party without any obligation, it cannot be deemed as a management of affairs in principle in relation to the other person (see, e.g., Supreme Court Decision 2012Da43539, Sept. 26, 2013). In addition, a person who manages affairs delegated by another person shall not be deemed as a management of affairs in relation to the delegated person, in addition to claiming for payment or expenses in accordance with the agreement, etc.

arrow