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(영문) 수원지방법원 2015.11.13 2014나31063
관리비
Text

1. Revocation of a judgment of the first instance;

2. The instant lawsuit shall be dismissed.

3. The total cost of the lawsuit is the Plaintiff’s representative B (C).

Reasons

1. The plaintiff's assertion is a management body established pursuant to Article 23 of the Act on the Ownership and Management of Aggregate Buildings (hereinafter "the Aggregate Buildings Act") for the management of A, an aggregate building located in Ansan-si, Ansan-si D, and the defendant is a sectional owner of A 3rd floor No. 369.

Therefore, since the defendant is obligated to pay management expenses to the plaintiff, the defendant is entitled to claim payment of management expenses for the amount of KRW 4,323,060 and late payment expenses for the period from November 201 to October 2013, 432,340 and delay damages for the amount of KRW 4,75,40 and KRW 4,323,060.

2. A lawsuit filed by a person who has no capacity to make an ex officio determination of the party’s ability is unlawful, and the issue of the party’s ability belongs to the court’s ex officio examination (see, e.g., Supreme Court Decision 2002Da4863, May 10, 2002). Accordingly, the issue of whether the Plaintiff is a party’s ability is

(a) Recognition 1) A is an aggregate building of 10 stories above ground and 369 stories below ground located in Ansan-si, Masan-si, and the defendant is a sectional owner who owns section 369 among A. The purpose of Article 2 (Purpose) is to promote common interests and smooth operation of community life of building owners and occupants by prescribing matters necessary for the management and operation of section A and its site and appurtenances pursuant to the Aggregate Buildings Act. Article 5 (Composition) consists of sectional owners and occupants who own ownership in the building A. Article 19 (Composition of Assembly)

1. The assembly shall be composed of occupants if the assembly is not a sectional owner of a building A and a property right;

Article 22 (Matters for Decision)

1.The assembly shall adopt the following resolutions:

(1) The establishment, amendment, or repeal of regulations may be made at an ordinary general meeting and a temporary meeting. (2) Proposal to a separate meeting of sectional owners as to the establishment, amendment, or disposition of the section for common use.

1. The voting rights of the possessor, excluding the property rights, shall be held;

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