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(영문) 서울고등법원 2016.06.23 2015나2030303
관리비
Text

1. The part against the defendant in the judgment of the court of first instance, including each successor participation in the trial, is as follows.

Reasons

1. Basic facts

A. On May 2013, the Plaintiff and the Intervenor succeeding to the Plaintiff entered into a lease agreement with the Defendant, setting the rental fee of KRW 700,000,000,000 from the Intervenor succeeding to the Plaintiff (hereinafter “instant store”) for the rental fee of KRW 700,00,000,000 from May 16, 2013 to August 31, 2013.

(hereinafter referred to as the “instant lease contract”). B.

The agreement between the Plaintiff’s succeeding Intervenor and the Co-Defendant C Co-Defendant C Co., Ltd. (hereinafter “C”) was established in the instant store. On June 21, 2013, the Plaintiff’s succeeding Intervenor and the Plaintiff agreed to pay the management fees from May 2013 to July 2013 as the lessee’s status.

C. On September 1, 2013, the representative committee of the management body of the instant commercial building decided to appoint the Plaintiff as the manager of the instant commercial building and to entrust the duties of the manager to the Plaintiff.

On October 42, 2013, the date the instant lease agreement was terminated and the annual overdue management expenses imposed on the unpaid management expenses (cost) were late 2,510,340,510,340 on November 46, 2013; 46,348,245, 46,348, 248, 245, 52,547,352,547, 352,547, 3535, 50,995,570 on January 5, 2014; 47,796,117, 47, 796, 170; 578,3128,3128,578, 315, 31, 208, 314, 205, 31, 205, 314, 2015.

E. Article 5 of the Act on the Ownership and Management of Aggregate Buildings (hereinafter “ Aggregate Buildings Act”) (4) that occupies a section for exclusive use, but is not a sectional owner.

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