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(영문) 서울중앙지방법원 2014.10.21 2012가합541434
관리비
Text

1. The Defendants refer to the Plaintiff the “management expenses” amounting to each Defendant of the “management expenses to be borne by each Defendant” attached Table 1.

Reasons

1. Basic facts

A. A. Around June 1994, the building on the third and nine stories underground was newly constructed on the ground of Seongbuk-gu Seoul AJ on the ground of Seongbuk-gu Seoul, and the part on the third and fourth stories underground among the above buildings (hereinafter “instant commercial building part”) from the third to the fourth stories above ground (hereinafter “the remaining five to nine stories above ground”) was divided into one independent commercial part, and registration of preservation of ownership was completed.

After that, the shop owners who purchased 108 stores in the commercial area of this case have completed the registration of transfer of each share in the commercial area.

B. On June 2001, co-owners of the instant commercial building form a “AK management body” for the management of the said commercial building.

(hereinafter “former Management Organization”. On November 2, 2003, L was elected as a manager representing the previous Management Organization with the consent of a majority of co-owners of the instant commercial parts at a meeting. On August 2, 2008, the Plaintiff entered into a building management service contract (hereinafter “instant service contract”) which delegates the management of the instant commercial parts to the Plaintiff, representing himself as the representative of the previous Management Organization.

According to the instant service contract, the Plaintiff collected general management expenses (referring to the charges collected by the Plaintiff as necessary for the maintenance and management of the building; see Article 5(5)) from the occupant (referring to the owner, the person who has occupied the building under a lease contract with the owner, the person who actually occupies the building; see Article 5(2)), and uses them as a substitute if the unpaid general management expenses occur; and even if the entrusted management expenses paid for the general management expenses, such as parking machines and elevators, are insufficient, the Plaintiff shall bear (Article 7(1)); and (2) service expenses (referring to the expenses that are paid as the service expenses that the Plaintiff imposed as necessary for the management of the building, and are paid as the service expenses). (See Article 5(12)), and (3) previous management organizations shall be determined as the ordinary (including the shared area).

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