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(영문) 수원지방법원 2017.11.15 2017나58106
미납관리비
Text

1. The plaintiff among the judgment of the court of first instance, the defendant (appointed party) 45,585,369 won, the Appointed C shall be 15,195,123 won, and the Appointed D shall be 10.

Reasons

1. Basic facts

A. A building (hereinafter “instant building”) is a main aggregate building of 4 underground and 10 stories above ground located in F and G both sides in Silung City F and G, and its underground 2, 3, and 4 stories above ground among them is composed of parking lots, etc., and residential apartment complexes from 3rd to 10 stories above ground.

B. The Plaintiff is a management body under Article 23(1) of the Act on the Ownership and Management of Aggregate Buildings, which is established by all sectional owners of the instant building as members of the sectional owners of the said building (hereinafter “Aggregate Buildings Act”).

C. On February 23, 2012, the Defendant (Appointed Party) and the appointed parties (hereinafter referred to as the “Defendant,” and when referring to the Defendant (Appointed Party) and the appointed parties, hereinafter referred to as the “Defendants”) jointly purchased the ownership of the second floor and the second floor of the instant building (hereinafter referred to as the “second floor of the instant building”) at the auction procedure and jointly acquired the ownership. The Defendant acquired the ownership at the auction procedure 60/100 shares, C’s shares, 20/100 shares, 10/100 shares, 10/100 shares, and 10/100 shares, respectively.

On March 25, 2014, the Appointor D purchased 10/100 shares of the second floor of the instant building from the Appointor E, and completed the registration of ownership transfer on April 9, 2014.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 26, 45 (including each number), the purport of the whole pleadings

2. Judgment on the main defense of this case

A. The summary of the Defendant’s assertion is unlawful, since it was not a person who has legitimate power of representation pursuant to the provisions of the Aggregate Buildings Act.

(b) If the sectional ownership relationship is established with respect to one building under the relevant Acts and subordinate statutes, the management body with the aim of carrying out the business of managing the building, its site and annex facilities by making all sectional owners as members.

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