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(영문) 서울중앙지방법원 2017.10.19 2017가단5120847
관리비
Text

1. The plaintiffs' claims against the defendant are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The facts subsequent to the facts of recognition do not conflict between the parties, or recognize the facts in Gap evidence No. 4 by adding to the whole purport of the pleadings.

Plaintiff

The A management body is the Seocho-gu Seoul Officetel management body, and the plaintiff S&C is the above officetel management company.

B. On September 30, 2010, Nonparty B acquired the ownership of the instant officetel No. 101 (hereinafter “instant store”). On February 27, 2015, Nonparty B entered into a real estate security trust agreement with the Defendant with respect to the said store (hereinafter “instant trust agreement”). On the same day, Nonparty B entered into a trust agreement with the Defendant on February 27, 2015 as an additional registration to publicly announce that the ownership transfer based on the trust and the said store are part of trust property.

C. Article 9(1) of the instant trust agreement provides that “The truster shall actually continue to possess and use the trusted real estate, and shall bear all expenses incurred in actual management activities, such as the preservation, maintenance, repair, etc. of the trusted real estate, and all expenses incurred therein,” and Article 14(1) of the instant trust agreement provides that “The truster shall bear all the expenses incurred in performing the trust affairs, such as taxes, public charges, and the public charges, the maintenance and management expenses, financial expenses, etc. for the trusted real estate and trust profits, and

The instant trust deed was incorporated in the trust ledger at the time of the completion of the instant trust registration, and was bound in the register of the instant store.

2. Determination as to the existence of the obligation to pay management expenses

A. Since the plaintiffs sought management expenses for the store of this case against the defendant who is a person holding a sectional ownership of an aggregate building, if the defendant first bears the obligation to pay management expenses, and if the registration of ownership transfer is completed in the trust of real estate, the ownership is fully transferred to the trustee. However, the trustee is a trust.

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