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(영문) 서울중앙지방법원 2017.01.18 2015나25890
관리비
Text

1. Paragraphs 1 and 2 of the order of the judgment of the first instance, including the plaintiff's claim expanded in the trial, are as follows.

Reasons

1. Basic facts

A. The Plaintiff is a management body established with all sectional owners of Jongno-gu Seoul Metropolitan Government Building A (hereinafter “instant building”), and the Defendant is a sectional owner of the fourth floor of the instant building, which is the sum of the six units units of the fourth floor Nos. 4-1, 5-10, 5-24, 6-51, 6-55, and 6-56 (hereinafter “each unit of the instant building”).

B. On September 6, 2005, the Defendant completed the registration of ownership transfer on each ground of trust to the Korea Land Trust Co., Ltd. (hereinafter “Korea Land Trust”) with respect to the remaining five rooms except for the above Nos. 6-51. However, according to the trust agreement concluded between the Defendant and the Korea Land Trust, the Defendant, a truster, performed the substantial management of the trust real estate (such as lease management, on-site management, repair maintenance, etc.) under his/her responsibility, and the trustee did not bear any responsibility and burden.

C. On the other hand, May 14, 2005, the sectional owners of the instant building held the Plaintiff’s inaugural general meeting (hereinafter “instant inaugural general meeting”) and established the rules for the management of the instant building (hereinafter “instant rules”). The provisions related to the instant regulations, including the imposition and collection of management expenses, are as follows.

Article 6 (Rights and Duties of Sectional Owners) A sectional owner shall have the following rights and duties:

5. Liability to bear management expenses, etc. incurred in maintaining and managing buildings;

7. The manager under Article 21 (Distribution of Profits from Section for Common Use) who is obligated to faithfully observe the matters resolved by the representative committee of the management body under Chapter V of the relevant Acts and subordinate statutes related to the management of buildings, the regulations of the management body, the regulations of the management body, the assembly and the resolution of the representative committee of the management body under Chapter V of this Regulations shall allocate profits from the use of the

In such cases, sectional owners, etc. are borne by resolution of the Representative Committee.

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