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(영문) 인천지방법원부천지원 2016.07.22 2015가합1498
관리비자료공개소송
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. (1) The Plaintiff’s status, etc. (1) the two underground floors D in Kimpo-si and C with the 7th floor size above the ground (hereinafter “instant commercial building”) are an aggregate building under the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Aggregate Buildings Act”).

(2) The Plaintiff was a sectional owner of 404 and 405 among the instant commercial buildings. On March 29, 2016, the Plaintiff sold the said real estate to E and completed the registration of ownership transfer thereafter on April 29, 2016. On the same day, the Plaintiff leased the said real estate after setting the deposit amount of KRW 30 million, monthly rent of KRW 1850,000, and the lease period of KRW 2 years.

B. (1) On October 5, 2005, the prosperity Association, an autonomous management organization consisting of the sectional owners, etc. of the instant shopping mall (hereinafter “instant prosperity”) concluded an entrustment contract with the Defendant to entrust the Defendant with the operation and management of the instant shopping mall and its ancillary facilities (hereinafter “instant entrustment contract”). The main contents are as follows.

Article 1 (2) The defendant shall act on behalf of the defendant for the imposition and collection of management expenses and the tax and public charges of the prosperity meeting of this case.

Article 3 Employment and placement of employees (1) A contract for entrusted service management shall be three persons, but the human composition shall be one person in charge of management, one security guard, and one U.S. dollars.

Article 5 (Omission of Fees) (1) The settlement of management expenses shall be notified from the first day of each month to the last day of the payment deadline, and (2) the user fees (such as electricity, water supply, heating, fire insurance premium, etc.) shall be determined and notified according to the period of the calculation (or inspection) of the relevant agency, and if necessary in urgent cases, various public charges and service expenses may be operated from the players management expenses, reserve funds and reserves by obtaining permission from the prosperity conference of this case.

Article 6 Terms and Conditions of the Contract (1) The Defendant’s entrusted management service fee received from the instant prosperity shall be KRW 3,000 per square meter.

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