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(영문) 인천지방법원 2020.04.08 2019가단10605
관리비
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On September 1, 2013, an aggregate building of three underground and twenty-seven stories above ground (hereinafter “instant aggregate building”) was newly built under the name of “D”, and E management body (hereinafter “instant management body”) was composed of all sectional owners of the instant aggregate building pursuant to the Act on the Ownership and Management of Aggregate Buildings, and the Plaintiff is a general building management body entrusted with the management of the instant aggregate building by the instant management body around October 1, 2016.

B. On April 1, 2014, subparagraph F, G, and H of the instant aggregate building became F of the instant aggregate building due to the merger, and subparagraph I and J of the instant aggregate building became the first head of the instant aggregate building due to the merger on the same day.

C. K, L, and M were sectional owners who completed the registration of ownership transfer in their names with respect to one third portion of each of the above buildings on the grounds of sale as of April 29, 2014 with respect to the aggregate building F and I in this case on June 16, 2014.

On June 20, 2014, the above K, L, and M completed the registration of ownership transfer due to the trust between the Defendant and the Defendant (hereinafter “instant trust agreement”) and the instant condominium F, I, and B.

(hereinafter “instant trust registration”). (e)

The trust contract of this case was included in the trust ledger at the time of completion of the trust registration of this case and bound in the register in F and I of the aggregate building of this case. The provisions concerning the management of real estate in the trust contract of this case are as follows.

(1) In recent Article 10 (Preservation, Management, etc. of Trust Real Estate) (1) A truster shall use trust real estate continuously, and shall bear all the expenses incurred in the actual management, such as preservation, maintenance, repair, etc. of trust real estate.

Article 16 (Bearing of Expenses) (1) Taxes and public charges for real estate and trust profits, including charges, quasi-tax charges, management expenses, financial expenses, litigation expenses, legal advice fees, and legal advice fees.

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