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(영문) 서울중앙지방법원 2016.08.25 2015나62134
관리비
Text

1. Of the part on the principal lawsuit in the judgment of the court of first instance, the part on the Defendant (Counterclaim Defendant) against the Plaintiff (Counterclaim Defendant) is KRW 10,284,251.

Reasons

1. Basic facts

A. The Plaintiff is a managing body established for the purpose of implementing the management of the instant commercial building and its site and its accessory facilities, consisting of all sectional owners of the 6th underground floor and the 13th apartment building (hereinafter “instant commercial building”) constructed and sold on the land outside Seoul Jung-gu, Seoul and the 3rd apartment lots. The Defendant is a sectional owner of the 10.51/31,539.56 square meters store and the 1180 square meters store of 3.97 square meters store and the 13.97 square meters store of 1st floor among the instant commercial buildings, which are the exclusive owners of the 10.51/51,539.56 square meters store and the 13.97 square meters store of 1st floor among the instant commercial buildings.

B. As in the existing stores, such as D, E, etc., the execution company, sold a total of 2,261 units of the instant shopping mall to the general public, including the Defendant, by using the size of 3.97 square meters exclusive of the instant shopping mall in the form of individual stores, such as “D” and “E”. However, until April 207, the completion date, the F shopping mall market had difficulty in raising funds for the sports ties and facilities for the common area, open advertisements and public relations, etc.

C. Accordingly, the Plaintiff determined that it is difficult to make profits from operating the instant commercial building as an individual store, such as the shopping mall around the former F, and determined that normal opening is difficult, and determined to operate the instant commercial building as a package lease to a lot assets development company, which is a large specialized distributor (hereinafter “slot assets development”).

On December 17, 2011, the Plaintiff: (a) held an extraordinary general meeting intended for the entire sectional owners; and (b) resolved for the approval of the conclusion of a lease agreement with the content of leasing the instant commercial building en bloc for asset development; and (c) delegated the Plaintiff the authority to conclude such lease agreement; (d) at the time, 1,164 sectional owners among the total sectional owners of the instant commercial building 1,495 square meters (a total of 11,865.53 square meters), agreed to the approval of the agenda; and (e) the Defendant.

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