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(영문) 수원지방법원 2015.07.17 2014나36990
관리비
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be revoked.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff’s imposition of management expenses, etc. on Suwon-si C Officetel (hereinafter “C”).

A) A management body consisting of sectional owners, and the Defendant is C 1001 on March 24, 2006 (hereinafter “instant store”).

(2) The Plaintiff is a sectional owner who completed the registration of ownership transfer with respect to the instant store from May 2010 to April 2013, 2013.

The overdue charge based on the overdue rate of attached Table 2 of the management rules stated in the paragraph shall be imposed, respectively, and the unpaid management fees shall be in total of KRW 4,710,410, and the overdue charge shall be in total of KRW 79,290.

B. (1) On January 16, 2012, D, who was the head of the Plaintiff’s management group (trustee), was subject to the Suwon District Court 201Kahap372 decided to suspend the performance of duties, and some sectional owners convened an extraordinary management body meeting to elect the executive officers of the management body. On March 2, 2012, at the temporary management body meeting held on March 2, 2012, a resolution was made to appoint E as the head of the Plaintiff’s management body with the consent of 54 of the total sectional owners, among 82 sectional owners, at the temporary management body meeting held on March 2, 2012. However, F, who was the sectional owners of C, applied for the provisional disposition of suspending the performance of duties against E as head of the management body, Suwon District Court 2013Kahap329, and on August 29, 2013, the said court dismissed the said application for preservation on the ground that the above resolution did not have any need to be determined in the merits.

3) Meanwhile, G, a sectional owner of C, on February 14, 2014, is based on the premise that the consent of at least 1/5 of the sectional owners was obtained from the above E, and on the premise that the removal of the head of the management group, the establishment of new management rules, etc. was made for the purpose of the meeting, and the Act on Ownership and Management of Condominium Buildings (hereinafter “Joint Building Management

The extraordinary meeting of the management body under Article 33 (2) shall be convened.

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