(영문) 서울중앙지방법원 2016.10.28 2016나51032

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(영문) 서울중앙지방법원 2016.10.28 2016나51032

관리비

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1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Facts of recognition;

A. The Plaintiff is a superstore manager established pursuant to Article 12 of the Distribution Industry Development Act with respect to the shopping mall (hereinafter “instant shopping mall”) located in Jung-gu, Jung-gu, Seoul and 18-21, and the 16th above ground, which is the shopping mall (hereinafter “instant shopping mall”). The Defendant is a sectional owner holding the 4th floor (hereinafter “instant store”) among the shopping mall in this case.

B. On February 21, 2009, the owner of the shopping mall of this case convened a management body meeting for all sectional owners pursuant to the Act on the Management and Ownership of Aggregate Buildings and enacted the management body rules (hereinafter “instant regulations”). The parts relating to this case in the said regulations are as follows.

Article 3 Definitions

1. Managing body: An organization of sectional owners organized for the purpose of managing and operating the shopping mall at the time of learning, and the sites and annexed facilities thereof;

10. Managing body: A subject for which the custodian and the custodian manage the shopping mall by himself or by entrusting the management of the shopping mall;

Article 41 Function of Operating Committee

1. Matters concerning the basic policy for the management of buildings and the operation of commercial buildings; 10. Other matters necessary for the management of buildings and matters concerning joint business activities and development, Article 52 management fees for sectional owners shall be liable to pay taxes, public charges, and management expenses, etc.

1. The manager shall calculate the management expenses from the first day of each month to the end of each store according to the ratio of the contract area and the quantity used, notify the sectional owners, lessees, etc. of the details thereof along with the notice, and the sectional owners, lessees, etc. shall pay them by the payment designated by the

2. A sectional owner or lessee who fails to pay the management expenses; and

참조조문

-유통산업발전법 제12조

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