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(영문) 인천지방법원 부천지원 2018.02.02 2017가단104998
관리비 예치금 반환
Text

1. Defendant D Co., Ltd. shall pay to the Plaintiff KRW 116,824,200 as well as to the Plaintiff from February 6, 2016 to February 2, 2017.

Reasons

1. The facts following the facts do not conflict between the parties, or can be acknowledged in full view of the purport of the whole pleadings in the entries in Gap evidence Nos. 1-1-7, 3, 4-1, 2, 5, 6, 7, 4-1, 2, and 5.

The composition of the complex B (hereinafter referred to as the “instant complex”) consists of 11 buildings consisting of business facilities (officetel), and e block (F, G, H, I, and J complex) composed of business facilities (officetel), and 11 buildings, and Kable block (L, M, and N complex) composed of apartment and commercial buildings. The building of the complex consists of 1,2 floors on the ground and 1,2 floors are sales and business facilities (officetel) and the remaining ground floors consist of business facilities (officetel) or apartment buildings.

B. The relationship 1) The Plaintiff is each sectionalized building listed in the separate sheet Nos. 1 and 2 (hereinafter referred to as "No. 1 commercial building" and "No. 2 commercial building").

(2) Defendant B’s representative council (hereinafter “Defendant’s representative council”) is a management body’s resolution and deliberation body (Article 1-1 and Article 9 of the Management Rules) comprised of the sectional owners of Eb block 11 buildings, including the first commercial building among the instant complex, and is an organization consisting of the representatives of each building and the representatives of each commercial building of the instant complex.

(Article 24(3) of the Management Rules) Defendant C Commercial Building Management Body (hereinafter “Defendant C Commercial Building Management Body”).

(4) On June 1, 2009, Defendant D entered into an entrusted management contract with the “P Standing Committee” (hereinafter “instant entrusted management contract”) that consists of some of the sectional owners of the block and the K block on June 1, 2009, and managed ancillary facilities, such as commercial buildings, machinery, and electricity rooms, and suspended management on February 23, 201.

(c)in this case;

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