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(영문) 수원지방법원 2019.06.13 2017가단27682
관리비
Text

1. The Defendant’s KRW 44,937,039 and the said money to the Plaintiff:

A. From August 12, 2017 to June 13, 2019, KRW 30,302,976

Reasons

1. As to the plaintiff's "management company status"

A. The following facts are acknowledged to the effect that there is no dispute or the entire pleadings, in addition to each macro- documentary evidence.

With respect to E Commercial Building (F; hereinafter referred to as the "Commercial Building of this case") on the 2nd underground floor and the 12nd above ground located in Pyeongtaek-si D and two parcels, the compulsory auction of real estate was commenced upon the motion of creditors against G Co., Ltd. (hereinafter referred to as "non-party company") which is a building executor, and registration of preservation of ownership was completed in the non-party company as of October 5, 2009.

[A] After that, on June 24, 2010, the register of aggregate buildings was made up in a regular manner on the commercial building of this case.

[A] On December 1, 2010, the non-party company entered into an integrated management contract for the entrusted management of the commercial building of this case with the Plaintiff.

Accordingly, the Plaintiff, as a management company, has been managing the instant commercial building from around that time (AB) (2). There is no data that the management body of the instant commercial building lawfully held to have commenced the direct management of the instant commercial building, such as selecting or replacing the management company separately.

B. (1) The management body under Article 23(1) of the Act on the Ownership and Management of Aggregate Buildings (hereinafter referred to as the “Act on the Ownership and Management of Aggregate Buildings”) is, as a matter of course, a management body consisting of all sectional owners, including the sectional owners of an unsold section of exclusive ownership, in a case where there is a building which constitutes a sectional ownership relationship, not an organization established only through any organizational act. Therefore, in a case where the sale of an aggregate building was commenced and the occupancy was made and the necessity of joint management was created, a management body naturally

According to Article 24 (3) of the Aggregate Buildings Act, the manager is appointed or dismissed by a resolution of the management body meeting.

However, this case.

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