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(영문) 수원지방법원 2015.04.29 2014나10097
관리비
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Under the Act on Ownership and Management of Condominium Buildings (hereinafter “the Condominium”), the primary facts are the executor of the new construction project of real estate listed in the attached list (hereinafter “the instant commercial building”), which is an aggregate building under the Act on Ownership and Management of Condominium Buildings. The fact that the Defendant is the sectional owner of the fifth floor No. 5.02 of the instant commercial building, can be acknowledged by taking into account the absence of dispute between the parties or the overall purport of the pleadings in the entry of evidence No. 4.

2. The plaintiff's assertion that he was delegated the administrator's authority under the Act on the Ownership and Management of Aggregate Buildings of the Commercial Building, so the defendant is obligated to pay 18,679,200 won and damages for delay payable to the plaintiff as well as 18,679,200 won.

However, the main grounds for the plaintiff's assertion that he was the manager of the commercial building of this case are as follows.

First, the owners of the commercial buildings of this case (the buyers and the Korea Land Trust Co., Ltd.) have completed a written resolution to appoint NAS as the manager of the commercial buildings of this case through the sales contract and trust contract on the commercial buildings of this case.

(2) On September 11, 2005, the owner of the instant commercial building and the sectional owner of the instant commercial building decided to appoint the Nos.S. as the manager of the said commercial building, pursuant to the trust agreement on the instant commercial building, he/she received delegation from the Korea Land Trust (hereinafter “Korea Land Trust”) to exercise his/her voting right at the management body meeting of the management body of the commercial building of this case.

(hereinafter “Claim for resolution at the management body’s meeting”). 3. Determination

A. According to Article 41(1) of the Multi-Family Building Act regarding the argument for written resolution, at least 4/5 of the sectional owners and voting rights are required to be resolved at the management body meeting.

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