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(영문) 인천지방법원부천지원 2014.08.27 2013가합1746
홍보비반환
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. Pursuant to Article 23 of the Act on the Ownership and Management of Aggregate Buildings (hereinafter “the Aggregate Buildings Act”), the Defendant is a management body comprised of sectional owners of the ZY department buildings located in Seocheon-gu, Seocheon-si (hereinafter “the instant building”). The Plaintiffs are merchants who moved in each shop of the instant building and conduct business, and are either sectional owners or lessees of the said store.

B. The instant building is a building of the seventh and the 12th above ground level. The sales facilities from the 1st to the 4th above ground level are used by sectional owners (direct image) or lessees.

C. Based on the management body rules (hereinafter “the management body rules of this case”), the Defendant collected public relations expenses of KRW 5,000 per day from the shop occupants of the building of this case including the Plaintiffs, under the pretext of revitalizing sales facilities up to the fourth floor of the building of this case (hereinafter “the building of this case”), and the sum of public relations expenses collected after 2003 is as stated in the purport of the claim.

On July 2012, some of the merchants of the instant commercial building filed a lawsuit against the Defendant for the confirmation of existence of the public relations expense and the non-performance of the obligation, which served as the basis for the Defendant’s public relations expense collection, and received a favorable judgment on May 29, 2012, by asserting that the instant management body agreement, which served as the basis for the Defendant’s public relations expense collection, is null and void.

E. The Defendant appealed against the judgment of the first instance court as Seoul High Court No. 2012Na1318, but the above court rendered a judgment dismissing the appeal to the effect that, on June 13, 2013, “ insofar as there was no consent or consent of at least 390 persons equivalent to at least 4/5 of the number of sectional owners (487 persons) at the time of the enactment of the instant management body regulations, the instant management body regulations cannot be deemed legitimate and null and void, and thus, the Defendant cannot seek public relations expenses from the sectional owners or lessees under the instant management body regulations.”

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