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(영문) 부산지방법원 2018.10.04 2017가단308411
관리비
Text

1. The council of occupants' representatives of the six-story building in Defendant B’s 4, 5, and the six-story building is comprised of KRW 85,685,110 to the Plaintiff and its related matters on March 17, 2017.

Reasons

1. Basic facts

(1) B (hereinafter “AF”) newly constructed a reinforced concrete building with the size of 2 stories underground and 19,741.29 square meters above the ground level on the ground of 4,145.80 square meters, Jung-gu, Busan, Jung-gu, Busan, on August 22, 1986, after obtaining a market opening permit, and around October 30, 1987, AF entered into the B market management rules and management contracts with the occupants of the instant building.

B. On July 14, 1994, the store occupants of the first, second, and third floor above the building of this case established A (A was registered as the Plaintiff’s incorporated association on February 15, 2006) and acquired the permission for the establishment of B market and the status of market managers from AF.

Secondly, the first, second, and third underground floors of the instant building (hereinafter “the first floor, etc.”) consisting mainly of commercial buildings. The fourth, fifth, and sixth floors above the instant building (hereinafter “instant building”) consisting mainly of business facilities such as offices. Since March 2006, the Plaintiff established a corporation, the management office managing only the fourth, fifth, and sixth floors above the instant building was separately separated from the first floor, etc. of the instant building.

x. After that, occupants, including the first floor of the instant building, etc., managed the instant building through the Plaintiff, and occupants, including the fourth floor of the instant building, managed the 4,5, and6th floor of the instant building through B management offices.

(v) around March 13, 2015, Defendant B constituted the council of occupants’ representatives of the buildings with four, five, and six floors (hereinafter referred to as the “Defendant’s council of occupants’ representatives”) composed of only the occupants, including the fourth and fourth floors of the instant building; established the management rules of the Defendant’s council of occupants’ representatives; appointed the representative of Defendant Q Q as the president in accordance with the management rules; and elected directors, auditors, and general affairs.

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