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(영문) 수원지방법원 2017.08.17 2016나15416
전기사용료 등
Text

1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be dismissed.

Reasons

1. The following facts do not conflict between the parties, or each entry in Gap evidence Nos. 1 to 3, and 7 may be admitted by taking into account the whole purport of the pleadings:

The Samhopha Coke (hereinafter referred to as the "building in this case") is a main complex building with the fifth underground floor in Suwon-si, the fifth underground floor in the 303 (Transfer dong), the second floor in the 21st floor above the ground, and the installation space of parking lots, water tanks, septic tanks, etc. from the fifth to the second floor above the ground, from the first floor below the ground to the seventh floor above the ground (74 households), the eightth floor above the ground is a cooperative room, water tank room, irrigation room, and rooftop, and apartment (total of 64 households) from the 9th to the 21st floor above the ground.

B. Since obtaining approval for use from the competent authority on November 24, 1998, the instant building was managed by the management body comprised of representatives of occupants, etc. of the instant building. Around May 4, 2015, the Defendant was established for the purpose of managing the apartment part of the instant building, and reported it to non-profit corporations that do not engage in profit-making business, and received identification numbers, and the Plaintiff was established for the purpose of managing the commercial buildings and officetels parts of the instant building, and reported it to non-profit corporations that do not engage in profit-making business, and received identification numbers.

2. Summary of the parties' arguments;

A. The Plaintiff is the managing body of the commercial buildings and officetels part of the instant building consisting of the occupants located in the commercial buildings and officetels part of the instant building. The Defendant is the managing body of the apartment part of the instant building comprised of the occupants located in the apartment part of the instant building. From June 1, 2015, the Plaintiff managed the apartment part of the instant building, and the Defendant managed the apartment part of the instant building.

Accordingly, the plaintiff is equipped with the second basement parking lot and the 112th mechanical type of the building of this case.

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