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서울중앙지방법원 2017.11.24 2016가합500486
채무부존재확인
Text

1. Management expenses incurred from November 15, 2004 to June 30, 2014 regarding the building indicated in the attached list against the Plaintiff’s Defendant.

Reasons

1. Basic facts

A. Party 1) The Defendant is composed of the sectional owners of the Act on the Ownership and Management of Aggregate Buildings, which is the 7th underground floor in Jongno-gu Seoul Metropolitan Government and the 15th aggregate building (hereinafter “instant building”), and the Act on the Ownership and Management of Aggregate Buildings (hereinafter “the Act on the Ownership and Management of Aggregate Buildings”).

(2) The instant building was sold in the form of “Gu unit” by dividing the first section for exclusive use into the area of 5.48 square meters or 7.67 square meters.

The building of this case is registered as at least 10 sections by Gu unit from the second to the third floor above ground, and the whole of the floors from the fourth to the fourth floor above ground is registered as one partitioned building, and the co-ownership share registration by Gu unit has been completed with respect to the partitioned building by floor, and the 15th floor above ground is divided into three sections, and the co-ownership share registration by Gu unit has been completed with respect to each divided building.

B 10, 11th floor management association (hereinafter “the instant management association”) is an autonomous management association by type of business under the regulations of the management organization, comprised of the owners of the ownership of 140 - - 140 - - - 140 - (7.26 -- 1 --- 11 ---- 11 11 - (10 --23,000 -,000 -,000 -,000 -,000 - 113 --,000 -,000 -

3) The Plaintiff is a co-owner of sectional ownership owned the 2nd unit (1452/101692 shares) of the 10th floor of the instant building. B. (1) The instant building was operated in the form of distributing to sectional owners or equity owners the remainder after deducting taxes and public charges, etc. from earnings, such as rents, etc., by organizing a self-management council for each type of business consisting of sectional owners or equity owners of the relevant floor.

The instant management council is the 10th and the 11th floor autonomous management council for each type of business of the instant building, and the 10th and the 2nd floor underground in addition to the instant management council.