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(영문) 수원지방법원 2017.04.12 2016가단502049
관리비
Text

1. The Defendant’s KRW 87,638,640 and KRW 52,287,50 among the Plaintiff and KRW 35,351,140 from January 31, 2016.

Reasons

1. Facts of recognition;

A. A. On January 24, 2015, the Asian Construction Co., Ltd. (hereinafter “AD”) newly constructed a C Condominium (hereinafter “the instant Condominium”) located in Suwon-si District B, and entered into an entrustment contract for the building management of the instant Condominium (hereinafter “instant management contract”) with the Plaintiff on May 4, 2015 for the initial management of the instant Condominium, setting the contract period from May 4, 2015 to three years (hereinafter “instant management contract”).

B. From May 4, 2015, the date of approval for the use of the instant aggregate building, the Plaintiff is performing the management of the instant aggregate building from around May 4, 2015.

C. On February 26, 2015, Asian Construction entered into a lease agreement with the Defendant, which sets forth KRW 300 million as the lease deposit (hereinafter “instant lease agreement”) with respect to the lessor’s construction, Asian lessee, and lessee from February 25, 2015 to February 24, 2025, regarding B101, B102, B132 (hereinafter “instant commercial building”).

From May 4, 2015, the Defendant runs the marketing business in this case from May 4, 2015 to the name of D.

E. On June 5, 2015, Asian Construction completed the registration of ownership preservation in the name of Asian Construction with respect to each section of exclusive ownership of the instant condominium building, and thereafter completed the registration of ownership transfer for some sections of exclusive ownership to the buyer.

[Reasons for Recognition] The facts without dispute, Gap evidence Nos. 1, 2, 8, 28, and 28 (including each number, if any), the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion 1 of the parties concerned was appointed as a legitimate manager of the instant condominium, and even if not, it was legally entrusted with the management of the instant condominium from Asian Construction, which had the authority to manage the instant condominium before the instant condominium was constituted, and thus, the Defendant has managed the instant condominium.

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