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(영문) 서울고등법원 2018.10.10 2017나2061561
관리비
Text

1. The defendant's appeal is dismissed.

2. Of the appeal costs, the part resulting from the intervention is the Intervenor joining the Defendant.

Reasons

1. The reasoning of this court’s admitting the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except for the case where a part of the judgment of the court of first instance is dismissed as to the allegations and evidence of the parties added in the court of first instance as stated in the main sentence of Article 420 of the Civil Procedure Act.

2. Parts to be dried;

A. Ground of the judgment of the court of first instance

A. The plaintiff asserts that the defendant, the owner of the partitioned building of this case, has the obligation to pay the deposit for management expenses pursuant to Article 49 of the management rules, and the defendant argues that Article 49 of the management rules stipulate that the deposit for management expenses shall be imposed only on the first tenant of the commercial building and the officetel. Thus, the "Samp", the partitioned building of this case, is not subject to the management expenses, and therefore, the provisions on the deposit for management expenses under the management rules of this case concerning the deposit for management expenses are as follows.

Article 49 (Deposit for Management Expenses)

1. The management expenses shall be imposed on a deposit on a monthly basis (10,000 won per officetel, 15,000 won per commercial board) of two months;

(2) On the other hand, the fact that the instant partitioned building had been operated as a “spion” from the completion of the instant building to the time the Defendant acquired ownership does not conflict between the parties, and Article 9 of the instant management rule provides that “the total number of members shall not exceed 168 officetels 168, commercial buildings 252, and spion 421, because the total number of members shall not exceed the ownership of 421.”

However, the following circumstances, i.e., the building of this case falls under sales and business facilities from the second to the third above ground level, by comprehensively taking into account the relevant provisions of the management rules of this case, Gap evidence 1, Eul evidence 2, and the overall purport of pleadings.

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