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(영문) 대구지방법원 2020.01.15 2018나315142
관리비
Text

1. Revocation of the first instance judgment.

2. The instant lawsuit shall be dismissed.

3. The total costs of the lawsuit shall be borne by C.

purport.

Reasons

1. Basic facts

A. The Plaintiff is an organization that has imposed management expenses on the tenant or owner of several Dong A commercial buildings located in Daegu, Seo-gu (hereinafter “each of the instant commercial buildings”), and the Defendant purchased Edong F, G, H, and I among each of the instant commercial buildings and acquired ownership.

B. When entering into a contract for the supply of commercial buildings between the implementor of each of the instant commercial buildings (hereinafter “the instant association”) and the buyers, the implementor is obligated to designate and invest a controlled entity for the smooth operation of the commercial buildings (Article 9(1)), and the buyer is obligated to comply with the management regulations set by the implementor or controlled entity, or the management regulations set by the management regulations set by the self-governing management committee of the commercial buildings, which are established and operated after the shop occupants.

(Article 9(4)) was agreed upon.

C. From January 2010, the instant association concluded an entrusted management contract with K, a company specializing in entrusted management, to manage each of the instant commercial buildings, and even after the completion of the business of the instant association, the said company has been managing each of the instant commercial buildings.

The plaintiff imposed and collected management expenses for the management of common areas from the whole Ldong, Mdong, Ndong, Odong, E-Dong, etc., which are the co-owner of each of the instant commercial buildings, and requested in writing that all the co-owners of the O-Dong separately manage the common areas. The management expenses for the co-owner of the O-Dong are not imposed.

E. In each of the instant commercial buildings, the Plaintiff and the sectional owners of the E-Dong, who had continued to cause conflicts regarding the burden of management expenses, and the sectional owners of E-dong commercial buildings, including the Defendant, enacted a separate management rules from November 2014.

F. No. 3 of the management rules submitted by the Plaintiff, and the Plaintiff is the management rules made at the time the instant union managed each of the instant commercial buildings.

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