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(영문) 서울고등법원 2016.07.21 2016나2010146
관리비
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claims against the defendants are all dismissed.

3. The total cost of the lawsuit.

Reasons

1. Each description of evidence 1 through 7, 9, and 1, 3, and 4 (including the branch numbers in case of those with additional numbers; hereinafter the same shall apply) and the purport of the whole pleadings and arguments, which are premised on the premise of the facts;

A. The attached list A (hereinafter “the instant apartment building”) is a main complex building with the 4th underground floor and the 13th floor above the ground that obtained approval for use on June 28, 1999. There are 10 business facilities in total for the first floor of the ground, 100 apartment houses for urban life (studio-type) on the 1st floor, 2nd floor above the ground, 3rd to the 6th floor above the ground (hereinafter “instant commercial buildings and officetels”), 7th to the 13rd above the ground (hereinafter “instant apartment”), and 38th above the 1,2, and 3rd above the ground. The 4th below the instant apartment building is a parking lot, and the 4th underground window, electric room, and parking lot.

B. The Plaintiff is an organization composed of representatives from each floor elected by the occupants, etc. of the instant commercial building and officetels, and has performed the management duties of the instant commercial building and officetels among the instant buildings. The main contents of the management rules related to the Plaintiff (hereinafter “instant management rules”) are as follows.

The purpose of this Code is to promote common interests of occupants and to secure a good residential environment by prescribing matters necessary for the management and use of multi-family housing in a complex A in Gwangjin-gu in Seoul Special Metropolitan City, incidental facilities and welfare facilities jointly owned by occupants, and sites and accessories thereof pursuant to Article 38 of the Housing Construction Promotion Act and Article 9 of the Decree on the Management of Multi-Family Housing.

Article 2 (Definition of Terms) The definitions of terms used in this Code shall be as follows:

1. The term "occupant" means the owner of the relevant multi-family housing, or his/her spouse, lineal ascendant or descendant representing such owner;

2. The term "user" means a person other than an occupant, who resides in a multi-family housing;

4. The term “section for common use” means the section for exclusive use.

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