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(영문) 수원지방법원 2015.05.28 2014나33878
관리비
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The party-related plaintiff is a corporation engaged in building management business, etc., and the defendant is the owner of a commercial building with the fifth basement and fourth floor above the ground (hereinafter "the building of this case") of the trade name of "C" located in Yeongdeungpo-gu, Young-gu, Young-gu, Seoul on January 6, 2009 and 301 and 302.

B. On October 28, 2013, the Plaintiff entered into an entrustment contract with the commercial building number D and E (the president) and the temporary representative of the sectional owner of the instant building (hereinafter “entrustment contract”). However, around September 25, 2013, the commercial building number association was established with the consent of the first floor and second floor tenant of the instant building and the second floor tenant company, etc., but most of the sectional owners or the shop occupants of the third and fourth floor of the instant building did not obtain the consent of the management body’s 19% of the total size of the instant building (hereinafter “the agreement of the management body’s 20% of the instant building”). Meanwhile, the Plaintiff was selected by the management body under the consent of the 20th unit tenant of the instant building and the management body’s 19% of the total size of the instant building (the agreement of the management body’s 19% of the instant building).

[Ground of recognition] Facts without dispute, entry of Gap's 3 through 7, 9 through 17 (including each number, if any) and the purport of the whole pleadings

2. Judgment on the parties’ assertion

A. Summary of the assertion 1.

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