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(영문) 서울서부지방법원 2020.01.10 2018나42709
양수금
Text

1. The plaintiff's appeal against the defendant B management body is dismissed.

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

purport.

Reasons

1. Basic facts

A. The defendant management body is the Act on the Ownership and Management of Aggregate Buildings (hereinafter referred to as the "Aggregate Buildings Act")

Pursuant to the attached list, the real estate (a total of 14,082.65 square meters, total of 854 square meters, total of 854, and total of 458 sectional owners as of October 27, 2014; hereinafter “instant building”).

D) On August 19, 2010, the term of office of the Managing Body was two-year manager at the Managing Body’s meeting, consisting of all sectional owners, for the purpose of carrying out the business of managing the building of this case and its site and its attached facilities.

B. Article 2 (Subject-Matter of Management) of the General Management Contract for the Construction of the Building in this case is entrusted to E with the management of the entire building in this case.

In addition, the right to manage and operate a building is entirely E, and the defendant management body does not participate in the business management.

Article 3 (Scope of Business Affairs) E shall perform the following affairs with respect to the part under each management contract (hereinafter referred to as "management part") under Article 2:

In addition, the management expenses shall be raised as follows:

Provided, That in principle, the lease contract shall be concluded between a sectional owner and a tenant under the arbitration of E, and the lease deposit shall be deposited into the designated account of a sectional owner.

If the location or consent of a sectional owner is not identified, it shall be deposited directly into the designated account in consultation with the defendant management body and E.

1. The expenditure of management expenses shall include all the expenses necessary for the operation and management of the building for special management including personnel expenses, power expenses, heating and cooling expenses, telephone expenses, repair of defects, etc. necessary for the revitalization of the building;

2.Management costs shall be raised by E at the discretion of E through the entire operation and management of the building, to the extent of maintenance of lessee, arbitration and conclusion of lease contracts and execution by proxy, and management costs through operation of common areas.

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