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(영문) 서울동부지방법원 2020.09.16 2019가합1204
관리비
Text

The defendants are set forth in attached Table 1, Section 1, which is corresponding to the previous month by the end of each month with respect to the Gangdong-gu Seoul Building.

Reasons

1. Basic facts

A. Under Article 23(1) of the Act on the Ownership and Management of Aggregate Buildings (hereinafter “the Aggregate Buildings Act”), Defendant B management body (hereinafter “Defendant B management body”) is a management body established automatically by making all sectional owners of Gangdong-gu Seoul Metropolitan Government Building B (hereinafter “the instant aggregate building”) as members of the sectional owners. Defendant C is the representative of the Defendant management body, and the Plaintiff is the sectional owners of the instant aggregate building as prescribed in subparagraph d among the instant aggregate buildings.

B. On May 10, 2019, the Seoul Eastern District Court rendered a provisional disposition order (2019Kahap47, hereinafter “instant provisional disposition order”) as follows with respect to the above provisional disposition case, which was pending upon the Plaintiff’s application, against the Defendants (hereinafter “instant provisional disposition order”). The dismissed part of the Plaintiff’s application is as shown in the attached Table 4.

Until the judgment on the merits becomes final and conclusive, the Defendants shall post the matters listed in paragraph (1) of the attached Table 3 corresponding to the preceding month on the present site of the above building and notify the Plaintiff.

2. The Defendants should allow the Plaintiff to peruse and copy the data listed in Section 2 of Attached Table 3 at the office of management of the instant aggregate building.

3. The execution officer shall publicly announce the purport of the above order in the proper manner.

4. The plaintiff's remaining claims against the defendants are dismissed.

5. Of the costs of lawsuit, 1/5 is assessed against the Plaintiff, and the remainder is assessed against the Defendants.

(c) Article 23 (Establishment, etc. of Managing Body) (1) of the Aggregate Buildings Act (Establishment, etc. of Managing Body) (1) If a sectional ownership relationship is established for a building, all sectional owners shall be comprised of the building and the management of the site and attached facilities for the purpose of carrying out the business management of the building, its site and attached facilities.

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