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(영문) 서울중앙지방법원 2018.09.14 2017나80693
관리비
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On May 12, 2009, the Plaintiff was established for the purpose of managing and operating D shopping mall (hereinafter “instant shopping mall”) which is a 7th underground floor and 16th floor building located in Jung-gu Seoul Metropolitan Government (hereinafter “instant shopping mall”).

B. The Plaintiff registered the establishment of the shopping mall in this case pursuant to the Distribution Industry Development Act, and the head of Jung-gu, Seoul Special Metropolitan City, the competent authority, accepted the report of the superstore manager on September 4, 2013, thereby dealing with the Plaintiff’s duties, such as imposing and collecting management expenses and claiming management expenses for the unpaid shopping mall in the capacity of the superstore manager.

C. The Defendant is a sectional owner of the sixth floor E of the shopping mall of this case (hereinafter “instant store”). D.

The management body under the Act on the Ownership and Management of Aggregate Buildings comprised of sectional owners of the shopping mall of this case (hereinafter “the shopping mall management body of this case”) was unable to normally operate the shopping mall of this case since the opening of the shopping mall of this case was considerably low. In order to revitalize the shopping mall of this case, a resolution was made to change the types of restricted businesses by the shopping mall of this case from November 12, 2009 at the management committee to change the types of restricted businesses by the shopping mall of this case. From December 2009 to February 20, 2010, the written consent on the promotion of the shopping mall of this case was submitted from the sectional owners including the defendant.

E. On February 2010, the shopping mall management body of the instant case completed the relocation of the lessee located in the fourth, six, and seven stories of the shopping mall of the instant case. From March 2010 to March 2, 2010, the shopping mall management body of the instant case took measures of closure, such as cutting the number of leafletss and escalators, suspending the operation of elevators, closing the entrance passage, and filing a lawsuit, etc.

F. The shopping mall management body of this case promoted group entry points among various companies such as F Co., Ltd.

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