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(영문) 수원지방법원 2018.10.25 2018가합14802
관리권부존재확인 청구의 소
Text

1. All lawsuits against the Defendants in the Plaintiff B, C, D, and E shall be dismissed.

2. Between the Plaintiff A management body and the Defendants,

Reasons

1. Basic facts

A. A (hereinafter referred to as the “instant building”) is a main complex building with the size of the 21st floor above the ground located in the F in Suwon-si, Suwon-si, and the 5th to the 2nd floor below the ground, with the installation space of parking lots, water tanks, septic tanks, etc. as business facilities and neighborhood living facilities (total 74 households) from the 1st underground to the 7th floor above the ground, the 8th floor above the ground is a cooperative room, water tank room, street, and rooftop, and the apartment (total 64 households) from the 9th to the 21st floor above the ground.

B. Since obtaining approval for use from the competent authority on November 24, 1998, the instant building was managed by the management body consisting of the representatives of occupants, etc. of the instant building, and around May 4, 2015, Defendant A management office (hereinafter “Defendant A management office”) established for the purpose of managing the apartment part of the instant building, and the A shop name management council (hereinafter “A shop name management association”) was established for the purpose of managing the said part among the instant building on May 29, 2015.

C. Around May 1, 2017, the Defendant management office entered into an entrusted management contract with Defendant Taewon FFC Co., Ltd. (hereinafter “Defendant Company”). From June 1, 2017, the Defendant Company managed the apartment part of the instant building in accordance with the above entrusted management contract.

On February 26, 2016, the shopping mall meeting filed a lawsuit against the defendant management office claiming the payment of electricity fee due to the apportionment of electricity fee for underground parking lots, which is a common area, and filed a claim for the shopping mall meeting in the first instance court (U.S. District Court 2016Gaso7661). However, the appellate court (U.S. District Court 2016Na15416) partially accepted the claim of the shopping mall meeting, but it is a management office under the Act on the Ownership and Management of Aggregate Buildings (hereinafter referred to as the "Act on the Ownership and Management of Aggregate Buildings").

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