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(영문) 서울중앙지방법원 2017.07.25 2016가합6861
관리비 등
Text

1. As to KRW 286,604,012 and KRW 174,224,730 among the Plaintiff, the Defendant shall pay to the Plaintiff KRW 286,60,010 from March 21, 2014, and KRW 2,264,910.

Reasons

1. Facts of recognition;

A. The Plaintiff is an organization that is comprised of sectional owners and shop occupants for the purpose of managing, raising, and operating stores and ancillary facilities and sites within a store and its appurtenant facilities in Namyang-si, Namyang-si (hereinafter “instant commercial building”), and is in charge of imposing and collecting management expenses, etc. for shop occupants of the instant commercial building.

B. On March 21, 2014, the Defendant completed the registration of ownership transfer for the real estate listed in the separate sheet (hereinafter “instant store”) among the instant commercial buildings due to voluntary auction.

C. Of the Plaintiff’s management rules, the parts pertaining to this case are as follows.

Article 1 (Purpose) The purpose of this Code is to protect sectional owners and occupants and to maintain the smooth order of community life by prescribing matters concerning the management of sales facilities and business facilities, and sites and accessories thereof, and the raising, operation, etc. for such purposes pursuant to the Act on the Ownership and Management of Aggregate Buildings.

Article 2 (Scope of Application) The provisions concerning the management and use of appurtenant facilities owned jointly by stores, shop occupants, etc. located in A in the Namyang-si, Gyeonggi-do, the exclusive use of which is located in C and the site thereof.

Article 3 (Name) A refers to a prosperity.

Article 4 (Composition) This A shall consist of all members, such as shop occupants, etc. in A shop.

Article 6 (Definitions of Terms)

3. Location occupants, etc.; referring to shop occupants and sectional owners who operate a store;

Article 9 (Effect of Regulations) Any person who succeeds to the status of a sectional owner (including any person acquired by a successful bid) shall also have the same effect.

Article 17 (Succession to Rights and Obligations)

1. The management authority may exercise claims, such as management expenses, user fees, long-term repair appropriations, etc. against any person who succeeds to the status of occupant occupants, etc.;

2. If the occupant of management expenses, etc. is delinquent, he shall bear the expenses to be borne by the person who succeeds to the status of the sectional owner (including a special successor);

§ 44.

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