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(영문) 서울북부지방법원 2016.10.28 2015가단42138
관리비
Text

1. The Defendant shall pay to the Plaintiff KRW 27,569,980 and the interest rate of KRW 15% per annum from July 20, 2016 to the day of complete payment.

Reasons

1. Basic facts

A. Seoul Jung-gu Commercial Building (hereinafter “instant commercial building”) is an aggregate building to which the Act on Ownership and Management of Condominium Buildings applies, and is composed of sectionally owned buildings by 278 households.

B. On August 20, 2015, the Defendant purchased No. 58 of the instant commercial buildings from among the instant commercial buildings in a voluntary auction procedure and completed the registration of ownership transfer.

[Ground of recognition] Facts without dispute, Gap evidence No. 2, Eul evidence No. 2, the purport of the whole pleadings

2. On the premise that the plaintiff had the authority to impose and collect the management fee of the commercial building of this case, the defendant asserts that the right to impose and collect the management fee under the Aggregate Buildings Act has been legally appointed by the management body meeting, and that the lawsuit of this case is unlawful, since C, the representative of the plaintiff, is not the manager legally appointed by the management body meeting of the commercial building of this case, because it is not the manager legally

On the other hand, the facts that the plaintiff does not fall under the management body composed of all sectional owners of the commercial building of this case are followed. Therefore, the defendant's defense of this safety based on the premise that the plaintiff is the management body of the commercial building of this case is without merit.

3. Judgment on the merits

A. Whether the right to impose and collect management expenses is recognized to the Plaintiff, the subject of the restriction on the management expenses claim against the sectional owners, etc. under the Aggregate Buildings Act is a management body comprised of all sectional owners, and the sectional owners bears the responsibility to pay management expenses to the management body under the Aggregate Buildings Act, the manager or the person entrusted with the management.

Therefore, the manager of an aggregate building or the person entrusted with the management of an aggregate building can exercise the right to collect the management expenses on behalf of the management body and exercise the management expenses claim against the sectional owners, etc. by judicial and extra-judicial means.

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