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(영문) 의정부지방법원 2017.07.19 2016나5642
관리비
Text

1. Revocation of a judgment of the first instance;

2. The Defendant’s KRW 8,083,897 for the Plaintiff and its related costs from July 10, 2015 to September 2015.

Reasons

1. Basic facts

A. The apartment complex A, Kimpo-si, a 528-dong commercial building (hereinafter “instant building”) is an aggregate building composed of 80.8 square meters on the underground1 floor, 593.54 square meters on the 2nd floor, 698.03 square meters on the 3rd floor, and 697.73 square meters on the 3rd floor (a total of 30 stores were first 32 stores, but a total of 30 stores was combined with 103 square meters on April 7, 2014 and 111 became 30 stores).

B. On January 19, 2012, the shop occupants of the instant building began managing the instant building by organizing a shopping mall. On or around January 19, 2012, the Plaintiff concluded a building management agreement with Nonparty B, the president of the instant shopping mall, which provides services, including the facility management, US dollars, etc. of the instant building, and managed the instant building from February 1, 2012 to January 31, 2015. On January 27, 2015, the said building management agreement was terminated by receiving a notice of the completion of the management agreement from B on January 26, 2015.

The main contents of the above building management contract are as follows:

In concluding the management service contract with the management body of the instant building, the management body Gap refers to the representative of the management body Gap and the plaintiff Eul refers to the representative of the management body:

Article 1 (Scope of Services) (1) The scope of services for building management in B shall include all the services, such as the operation, maintenance, repair, and preservation of common facilities, equipment, and equipment of the building in this case.

(2) B shall impose, collect, deposit and use management expenses, and pay by proxy the taxes and public charges.

Article 6 (Terms and Conditions of Contract) (1) The management and service costs (general management expenses) paid from A shall be three million won per month (3,050,000 won) and value-added tax shall be separately imposed.

(2) The settlement of actual expenses shall be made for public charges, statutory management expenses, and various expenses, excluding management service expenses.

(4) A shall delegate all his/her authority over the collection of management expenses to B, and guarantee the right to take measures against long-term delinquent taxpayers, fractional or legal measures.

Article 7 (Term of Contract) (1) The term of contract shall be three years from February 1, 2012.

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