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(영문) 서울서부지방법원 2019.09.05 2018가합35646
관리비
Text

1. The Defendants jointly share KRW 328,88,284 with the Plaintiff, and Defendant C with respect thereto from May 18, 2018.

Reasons

1. Basic facts

A. The Plaintiff’s status, etc. 1) The Plaintiff is a commercial building A in Seodaemun-gu Seoul Metropolitan Government (hereinafter “instant building”).

The Act on the Ownership and Management of Aggregate Buildings (hereinafter “Act”) established with all sectional owners as members of the Act on the Ownership and Management of Aggregate Buildings.

(ii)The instant building is a commercial management body. (2) The building was newly constructed on the 6th floor below the ground in 2007 and on the 13th floor above the ground in 2007, with 1,644 divided stores (from the 2nd floor to the 8th floor above the ground) and with 1,000 sectional owners and with 3.80 square meters below the exclusive use area and 11.28 square meters below the contract area.

B. 1) The A Commercial Building Revitalization Promotion Committee consisting of part of the sectional owners of the instant building, focusing on the position of the Defendants (hereinafter “A Commercial Building Revitalization Promotion Committee”).

(2) On December 31, 2015, the Commercial Building Promotion Committee (hereinafter “D”) en bloc leased the instant building on a floor with the consent or delegation of authority from some of the sectional owners of the instant building. (2) In the same manner as the above 1) and in accordance with paragraph (1) of the same Article, D Co., Ltd. (hereinafter “D”).

) The part from the first to the eightth above ground of the instant building was leased in KRW 2.6 billion to the lease deposit (hereinafter “D lease agreement”).

A) Of the D Lease Agreements, the contents related to management expenses are as follows. In a case where a lessor (the Family Revitalization Promotion Committee) and a lessee (D) enter into a lease agreement for a specific floor of the object of lease in the future, the lease agreement between the lessor and E (hereinafter “original lease agreement”) on July 31, 2015 between the lessor and E (hereinafter “the lessor”).

(1)The basis of the provision of Article 9(1) of the former Loan Agreement shall be on the basis of the following: (2) the monthly management expenses are subject to the provisions of Article 6(1) of the latter Loan Agreement. (2) The starting point for the payment of the management expenses shall be from February 10, 2016, and the starting point for the payment of the management expenses shall be from September 10, 2016, on the whole floor of the leased object, not from the amount under Article 6 of the original Loan Agreement.

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