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(영문) 제주지방법원 2017.11.01 2016나5634
관리비
Text

1. The plaintiff's appeal and the supplementary selective claims in the trial are all dismissed.

2. The costs of the lawsuit after the appeal are filed.

Reasons

1. The reasoning of the court's explanation of this case is as follows, except for the addition of "2. Additional Judgment" as to the plaintiff's assertion selected by this court, and thus, it is identical to the ground of the judgment of the court of first instance. Thus, it is citing this as it is in accordance with the main sentence of Article 420 of the

2. Additional determination

A. The Plaintiff asserts that the Defendants are obliged to pay management expenses based on the management of affairs under Article 734 of the Civil Act.

However, as seen earlier, the Plaintiff failed to preserve and manage the common area connecting the first floor and the second floor, and it is determined that the Defendants, the sectional owners of the second floor stores, interfered with the use of their own stores.

In order for the office management to be established, it is premised on the fact that there is "office", i.e., providing property benefits in people's lives, and as long as the Plaintiff had no property benefits by preserving and managing the above second floor shop, it is difficult to establish the office management.

Therefore, the plaintiff's above assertion is without merit.

B. The Plaintiff’s judgment as to the claim of management contract was made on June 15, 1996, and the AB Merchants’ Association organized by the buyers of the instant building (hereinafter “Merchants’ Association”) concluded a direct management contract with the buyers, and managed management affairs, such as collection of management expenses, joint business activities, promotion activities, and regulation of the instant building. However, AC acquired management affairs from the merchants’ Association on June 1, 1994, and thereafter AC was deemed dissolved on December 15, 1996, but AD established the Plaintiff on June 15, 200 to manage the instant building through the Plaintiff.

In light of this process, in the situation where there is no reasonable manager in the aggregate building of this case, the management of the aggregate building of this case by an organization that managed the aggregate building of this case is governed by the management contract with the buyer and the contractual relationship is maintained.

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