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(영문) 서울중앙지방법원 2018.01.26 2015가단181539
관리비
Text

1. The Defendants’ amounting to KRW 42,258,412 and KRW 39,890,714 among the Defendants’ amount shall be annually from October 22, 2016 to January 26, 2018.

Reasons

1. Facts of recognition;

A. Seoul Jung-gu H building is an aggregate building of 6 underground and 15 floors above ground.

H Building ① Parking lots, mechanical rooms, electricity rooms, ② from the second to the third underground floors, ③ from the second underground floors to the sixth underground floors, ③ from the second underground floors to the sixth underground floors, ④ from the third underground floors, ④ from the third underground, ⑤ from the third and fourth underground facilities, ⑤ from the fourth and fourth underground facilities, ④ from the third underground facilities, ④ from the third and fourth underground facilities to the general business facilities (the fourth and the fourth are being used as the Plaintiff’s office) and ④ from the 11st to the 15th underground facilities.

B. On December 11, 1999, the Plaintiff was established for the purpose of maintaining and managing H buildings and facilitating commercial buildings. On November 2, 2000, the Plaintiff filed a report on the part from the second to nine floors above the ground pursuant to Article 12(3) of the Distribution Industry Development Act.

C. The head of the Jung-gu Seoul Metropolitan Government accepted the above report on November 13, 200, and issued the certificate of superstore establishment registration and the certificate of superstore manager to the Plaintiff.

On October 13, 2014, the head of Jung-gu issued a superstore establishment registration certificate to the Plaintiff on the 10th floor above H building located in the business site.

From 200 to 200, the Plaintiff manages the H building by collecting management expenses from the sectional owners and lessees of the entire H building and operating the parking lot.

E. The Plaintiff imposed management expenses according to the management rules with consent of at least 90% from the sectional owners of H buildings and the “standards for the calculation and payment of management expenses” established pursuant to the management rules and management rules (hereinafter “standards for the payment of management expenses”).

According to the criteria for the payment of management expenses, general management expenses, outsourcing service expenses, and maintenance expenses shall be imposed differentiated by type of business, and the floor of commercial buildings (sales facilities) shall be imposed higher than other floors, and in the case of the same type of business, it shall be calculated by the ratio of the area.

(f) Of the management rules of the H building and the criteria for the payment of management expenses, the contents of this case are as follows:

[Management Rules] Article 6 (Rights and Duties of Sectional Owners)

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