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(영문) 부산고등법원 2015.09.17 2014나53202
특별수선충당금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On November 12, 1999, Pyeongtaek Ho Construction Co., Ltd. (hereinafter referred to as the “Yang Changdong”) obtained the approval of the project plan for the new construction of 10 or 746 households in Ulsan-gu 746 households (28 square 246 households, 32 square 500 households) from the head of Ulsan-gu, Ulsan-gu, the head of the Gu from the north-gu, Ulsan-gu, Seoul Metropolitan City, for the management of the above apartment as a rental business operator under the Rental Housing Act after completing the construction of the apartment in this case on March 27, 2002.

B. On December 26, 2006, Pyeongtaek Ho was treated as bankruptcy due to financial difficulties, and on April 25, 2008, was declared bankrupt by the Seoul Central District Court 2007Hahap68, and on the same day, the Defendant was appointed as the trustee in bankruptcy.

C. On April 20, 2013, after the expiration of the mandatory rental period, the lessee of the instant apartment, obtained approval for the sale under the Rental Housing Act, and completed the registration of the transfer of ownership on the instant apartment on June 5, 2013. After forming the Plaintiff, who is the council of occupants’ representatives of the instant apartment, reported this to the head of Ulsan Metropolitan City North Korea-gu, Ulsan Metropolitan City, and received notification from the head of the Gu North Korea-gu, Ulsan Metropolitan City.

He transferred KRW 326,097,912, which was accumulated as a special repair reserve from March 27, 2003 to May 2006, 2006, to the Plaintiff from May 27, 2006, and from June 2006, he did not accumulate the special repair reserve.

E. From June 1, 2006 to July 16, 2013, the allowance for special repairs to be accumulated in accordance with the prescribed rates under the Rental Housing Act and subordinate statutes for a period of time from June 1, 2006 to the date of receipt of notice of acceptance by the competent office is KRW 668,360,88.

[Ground of recognition] Facts without dispute, Gap evidence 3 through 7 (including additional numbers), Eul evidence 1 and 4, the purport of the whole pleadings

2. The entry in the attached Form of the relevant Acts and subordinate statutes;

3. The parties' assertion

A. The Plaintiff, the rental business operator of the apartment of this case, shall make a recommendation on the construction of Pyeongtaek-gu and Pyeongtaek-gu.

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