logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2012.09.19 2012가단28132
관리비
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The plaintiff is a corporation with the purpose of the joint principal liability management business, etc., and has entered into a management contract for the part of the above aggregate building (hereinafter "the commercial building of this case") with the execution company and the owner of Ansan Development Co., Ltd. (hereinafter "Co., Ltd."), which is the owner of the building (hereinafter "Co., Ltd.") from around 198 to Nov. 30, 200, while managing the commercial building of this case, it entered into a management contract again on Nov. 30, 200 and has been managing the commercial building of this case until now.

B. On April 15, 2011, the Defendant purchased three-storys of the instant commercial building at the auction procedure.

C. The plaintiff requested the defendant to pay 10,937,00 won of the management expenses in arrears, and the management expenses incurred after the defendant acquired the ownership, but the defendant rejected such request.

[Reasons for Recognition] Uncontentious Facts, Gap 1 to 4 evidence, Eul 4 evidence, the purport of the whole pleadings

2. The Plaintiff asserted that the instant commercial building has legitimate management authority over the instant commercial building because it has been confirmed by a written resolution of at least four-fifths of the sectional owners and voting rights around July 201, following the conclusion of the Si’s exercise and management contract, and the Plaintiff continued to manage the instant commercial building until now, and that there was a ratification on the Plaintiff’s management act, and accordingly, sought payment of management fees up to the part of June 201, including the overdue management expenses of the former owner.

If the relationship of sectional ownership is established with respect to a building, the sectional owner shall organize a management body, the purpose of which is to carry out the business of managing the building site and its accessory facilities, as a whole, and Article 23 (1) of the Act on the Ownership and Management of Aggregate Buildings.

arrow