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(영문) 서울중앙지방법원 2014.05.15 2012가합18361
관리비 등
Text

1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are dismissed, respectively.

2. Of the costs of lawsuit.

Reasons

1. Basic facts

A. Pursuant to Article 23(1) of the Act on the Ownership and Management of Aggregate Buildings (hereinafter “the Act”), the Plaintiff’s management body is an organization established for the purpose of managing the instant building by consisting of all sectional owners of “A” (hereinafter “A”), which is an aggregate building of B and three parcels of land outside Seoul, Jung-gu, Seoul. The instant building consists of 340 stores underground and 4 floors above the ground, and 340 stores above the ground, 5 to 15 floors above the ground, and 82 offices. Thus, the first Han Island Corporation (hereinafter “Nonindicted”) owns a total of 61 stores and offices, including 10 to 15 floors among the instant building (hereinafter “the instant office”). On February 27, 2009, the Defendant purchased the instant office at a successful bid and completed the registration of ownership transfer on March 26, 2009.

B. On January 20, 2007, the Plaintiff management body held a management body meeting to establish the management body agreement (hereinafter “instant agreement”) under the resolution of the management body agreement (hereinafter “instant agreement”) among nine members of the total sectional owners (82% of the consent rate, the total area of the instant building is 3014.7m2, and the area owned by the sectional owners who agreed to the resolution is 77m2.4m2, the consent rate based on the ratio of shares of 2321m2) among 11 members of the total sectional owners, and appointed C as the manager of the instant building. The main contents of the instant agreement concerning management expenses are as follows:

Article 44 (Contents of Management Expenses) The details of Management Expenses shall be as follows:

1. Direct costs: the costs for electricity, gas, water supply and sewerage, heating, cooling, mutual assistance, etc. directly used by the sectional owners or occupants, and the various costs classified by sectional owners, such as taxes and public charges, buildings, fire insurance premiums, and charges for the use of

2. Common expenses (1) Expenses required for the electricity, water supply and drainage, heating and cooling, mutual assistance, cleaning, cleaning, guidance, broadcasting, safety management, personnel expenses, welfare, etc. of common areas.

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