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(영문) 서울중앙지방법원 2020.09.18 2018나19643
관리비
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

A. The Seoul Jung-gu D Building (hereinafter “D Building”) is an aggregate building of the 6th underground and the 15th ground level.

D Building: (1) Parking lots, mechanical rooms, electricity rooms, (2) from the second to the third underground floors, and commercial buildings and parking lots from the second underground floors to the fourth underground floors; (3) from the second to the fourth underground floors to the fourth underground floors; (4) from the fourth underground floors to the fourth underground floors, (5) from the ground surface, and (10) officetels from the 11st ground to the 15th underground floors; and (6) from the 15th ground surface, it is the owner of the above commercial buildings, and the defendant is the owner of the above commercial buildings, E and Fho (hereinafter “each of the instant commercial buildings”).

B. On December 11, 1999, the Plaintiff was established for the purpose of maintaining and managing D buildings and activation of commercial buildings. On November 2, 2000, the Plaintiff filed a report on the part from the second to nine above ground floors of D buildings pursuant to Article 12(3) of the former Distribution Industry Development Act (wholly amended by Act No. 6959, Jul. 30, 2003; hereinafter “former Distribution Industry Development Act”).

C. On November 13, 2000, the head of Jung-gu Seoul Metropolitan Government (hereinafter “the head of Jung-gu”) accepted the above report and issued a superstore establishment registration certificate and a superstore manager’s confirmation to the Plaintiff.

On October 13, 2014, the head of China issued a superstore establishment registration certificate to the Plaintiff on the 10th floor above the ground of the D Building, which is included in the place of business.

From 2000 to 200, the Plaintiff manages the D building by collecting management fees from the owners and lessees of the entire D building and operating the parking lot.

E. The Plaintiff imposes management expenses according to the management rules with consent of at least 90% from the sectional owners of the D building (hereinafter “instant management rules”) and the “Standards for the calculation and payment of management expenses” established under the said management rules (hereinafter “Standards for the payment of management expenses”).

According to the criteria for the payment of management expenses, general management expenses, outsourcing service expenses, and maintenance expenses shall be imposed differently by type of business.

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