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(영문) 서울중앙지방법원 2013.04.24 2012나52884
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. Facts of recognition;

A. From around November 1998, the Plaintiff entered into a management contract on the part of the above aggregate building (hereinafter “the instant commercial building”) and the building owner, which is the executory company and the building owner, of the above aggregate building (the main complex building from the underground 5 to the 15th of the ground, consisting of 60 stores, such as business facilities, from the underground 2 to the 7th of the ground, and is apartment from the ground 8 to the 15th of the ground) and entered into a management contract on the part of the above aggregate building (hereinafter “the instant commercial building”), and entered into a management contract on November 30, 200, while managing the instant commercial building.

B. On April 15, 2011, the Defendant purchased three-storys of the instant commercial building at the auction procedure.

[Reasons for Recognition] Unsatisfy, Gap 1, Eul 1 through 3 (including branch numbers in case of additional number), the purport of the whole pleadings

2. Assertion and determination

A. The Plaintiff’s assertion: The Plaintiff continued to manage and operate the instant commercial building until now after concluding the exercise and management contract; around July 201, at least 4/5 of the sectional owners and voting rights respectively; ratification was made for the Plaintiff’s management act; furthermore, on November 28, 2012 and February 19, 2013, by a resolution of the management body meeting of each management body, the Plaintiff was ratified as the management body until ratification of the existing act that the Plaintiff had been under the management body and appointment of a new management company; and on January 18, 2013, the Plaintiff concluded a management consignment agreement including the management body D and management management authority to collect management expenses. As such, the Plaintiff, as the management body or management body of the instant commercial building, concluded the management consignment agreement with the Defendant, including the delayed management expenses (from November 204 to July 2010) of the former owner of the partitioned building owned by the Defendant, until 20 years and 1037,007,00.

Defendant:

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