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(영문) 대전고등법원 2015.01.14 2013나5549
용역비
Text

1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim corresponding to the above revocation part.

Reasons

1. The reasoning for the court’s explanation on this part of the basic facts is that the “D Management Body” of the 2nd judgment of the court of first instance is “D Management Committee”, “execution” of the 13th judgment, “Plaintiffs” of the 5th judgment as “instant Management Body”, and “Plaintiffs” of the 5th judgment, except that they are used as “the instant Management Body”, and that part of the reasons for the judgment of the court of first instance is the same as the description of Paragraph 1 of Article 420 of the Civil Procedure Act.

2. The defendant's right to claim management fees and late payment fees concerning the real estate of this case against the defendant. Thus, the plaintiff's defense against the defendant is an unlawful lawsuit filed by a person who has no standing to sue. However, in the performance lawsuit, the plaintiff has standing to sue. Thus, the defendant's defense is without merit.

3. Judgment on the merits

A. The Plaintiff asserts that, pursuant to the management body agreement and the entrustment management agreement between the management body of this case, the former owner of the instant real estate may claim against the Defendant for the management expenses for the section for common use in arrears and the management expenses after the Defendant acquired the Defendant’s ownership, the Defendant is obliged to pay the Plaintiff the unpaid management expenses and late payment charges (hereinafter “in arrears management expenses”) excluding the amount of the repayment deposit and the amount of the payment, as seen earlier, out of the management expenses for the section for common use in arrears, from June 201 to January 2013, 201.

In principle, the right to claim the payment of management expenses in an aggregate building, such as the instant officetel, is a management body under the Act on the Ownership and Management of Aggregate Buildings or its representative, and controlled entities are entrusted with the management authority that includes the right to claim management expenses by the management body or its manager.

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