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(영문) 수원지방법원성남지원 2016.02.16 2014가합1900
장기수선충당금 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff is, pursuant to Article 23(1) of the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Aggregate Buildings Act”), a management body established for the purpose of implementing the business facilities and sales facilities of the first floor underground and the 12th floor above ground located in Seongbuk-gu, Seoul and four lots of land (hereinafter “instant building”), and a management body established for the purpose of implementing the business management of the site and its accessory facilities.

B. At the time of November 2010, the Defendant entered into a management services contract with C, and managed the instant building from December 1, 2010 to charge and collect management expenses for the occupants of the instant building. On April 16, 2013, the Defendant was issued a provisional disposition prohibiting the act of management from claiming management expenses and collecting collection for the instant building (the court below 2013Kahap62).

C. According to the above provisional disposition order, the defendant discontinued management of the building of this case around April 20, 2013, and the plaintiff manages the building of this case from around that time.

There is no management rules concerning the building of this case, and the long-term repair plan has not been formulated.

E. The Defendant imposed management expenses including the long-term repair appropriations of KRW 199.34 per 1 square meter per month during the management period of the instant building in order to exempt the enemy from the management expenses incurred due to the problems of the official room of the instant building, the unpaid management expenses, etc. of the occupants, and used the collected management expenses as various public charges, personnel expenses, and the purchase price for telecommunications supplies with the consent of the Plaintiff’s officers.

F. The Defendant used the No. 2 and one corporate bank account for the instant building management fee deposit account. On April 20, 2013, the corporate bank account balance as of April 20, 2013, and the No. 366,895 won and the No. 334,053 won, respectively, in which the management of the instant building was suspended.

[Reasons for Recognition] There is no dispute;

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