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(영문) 대구지방법원서부지원 2014.01.10 2012가합4238
관리비
Text

1. The Plaintiff, Defendant B, Defendant C, Defendant C, and Defendant D, KRW 46,413,160, and KRW 45,794,020, respectively.

Reasons

1. Basic facts

A. The status of the parties is the autonomous management organization of the above apartment in order to manage the apartment housing and incidental management facilities of the above apartment (including seven shopping districts) by the occupants of the Daegu-gu A apartment (172 households, 7 commercial buildings, hereinafter “the apartment of this case”). The defendants are the sectional owners of the commercial parts of the apartment of this case.

B. 1) The instant apartment building was completed on October 31, 2008 and began to move in from around December 19, 2008, and around April 13, 2009, the management office was established in the name of the Plaintiff, and the management office was imposed and collected management fees on the occupants of the instant apartment, and the registration was completed in the name of the Plaintiff around April 27, 2009. (2) Around July 17, 2009, the apartment building of this case was occupied by a majority of the prospective occupants, and the notification of the Plaintiff’s council election was made on the 20th of the same month.

On the other hand, the management rules of the apartment of this case include the following matters concerning the imposition and collection of management expenses:

The occupants under Article 11 (3) shall bear the management expenses and special repair reserve incurred in the maintenance and management of multi-family housing, etc. every month.

Matters resolved by the council of occupants' representatives under Article 13 (1) 17 shall have effect on persons who succeed to the status of occupants.

C. The defendants' acquisition of the divided ownership of the commercial building 1) The non-party SamdiC Co., Ltd. (hereinafter "MadiC"), a company selling the apartment of this case.

(2) The Plaintiff owned 7 unsold stores in lots in the instant apartment complex, but Defendant B and 5, as indicated in the following table, have six unsold stores among the unsold stores in lots (hereinafter “each of the instant stores”).

acquisition of ownership.

The first floor of Defendant B Co., Ltd. on the date of registering the transfer of commercial ownership subject to sectional ownership.

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