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(영문) 창원지방법원 2016.05.04 2015나7521
관리비
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

purport.

Reasons

1. Basic facts

A. An aggregate building consisting of 75 households (31 households and 44 households in the upper price), 87 households and 90 households in the multi-family housing, which consist of 75 households in the multi-family building operated in Changwon-si, Changwon-si. The Plaintiff is a management entity that actually manages the said A, such as setting forth all matters concerning the management and use of the said A, and imposing and collecting management expenses on the occupants pursuant to the management rules of the said A, and the Defendant acquired the ownership after receiving a successful bid on December 23, 2010, and then acquires the ownership of the instant store from the first place to the present date.

B. The occupants decided to amend the A management rules on February 2, 2009, and the above management rules have been enforced on May 1, 2009 (hereinafter “instant management rules”). Article 2 of the instant management rules provides that multi-family housing in a complex of A apartment, a co-owner’s incidental facilities and welfare facilities, and the management and use of the site and accessories thereof shall apply to multi-family housing in a complex of A apartment complex, and a lessee’s ancillary facilities and welfare facilities, and all commercial buildings in A including the instant stores shall be subject to the management rules.

In addition, Article 5 of the management rules of this case provides that the management rules are effective against the successor to the status of occupant.

C. The Plaintiff: (a) before the Defendant acquired the ownership of the instant store, the Plaintiff divided the instant store into 215 and 216 and imposed and collected management expenses from its owners; and (b) the Defendant did not pay 9,46,680 won in total as management expenses and late December 2014 from February 2014 to December 2014.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1-2, Gap evidence Nos. 2 and 3, the purport of the whole pleadings

2. Determination

A. The plaintiff's assertion as to the right to impose management fees is the managing body of the store of this case.

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