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(영문) 서울중앙지방법원 2020.09.10 2018가합566558
기타(금전)
Text

1. The plaintiff (Counterclaim defendant)'s principal lawsuit shall be dismissed.

2. The defendant-Counterclaim plaintiff's counterclaim is dismissed.

3...

Reasons

All principal lawsuit and counterclaims shall be deemed to have been filed.

1. Facts of recognition;

A. The Plaintiff is a managing body comprised of all sectional owners of the section for exclusive use by A (hereinafter “instant commercial building”) from the second floor to the second floor of the ground among the Jongno-gu Seoul Metropolitan Government ground condominiums, and a non-corporate body that registered its business around June 1, 2008 and works as a non-corporate body.

B. After the completion of October 27, 2006, D Company, which was a superstore manager under the Distribution Industry Development Act, was managed from April 22, 2008, and the Plaintiff performed management as a management body from September 2009.

C. Meanwhile, on August 10, 2016, D Co., Ltd. entered into a contract on the transfer of the status of superstore manager to E Co., Ltd., and E Co., Ltd. was issued a written confirmation by the head of the Seoul Special Metropolitan City head of the Gu on August 11, 2016.

On September 7, 2016, with the consent of 2/3 or more of the shop occupants of the instant commercial building, the Defendant reported to the head of the closing-gu Seoul Special Metropolitan City, which is the competent authority pursuant to the former part of Article 12(3) of the Distribution Industry Development Act and Article 6(1) of the Enforcement Rule of the same Act, and received a report from the superstore manager on the condition that the submission of relevant documents after the establishment of a corporation, cooperative, or business cooperative under Article 12(2)2(a) or (b) of the Distribution Industry Development Act within six months from November 9, 2016, and was established on November 30, 2016 to meet the conditions for acceptance of the report.

E. The Plaintiff received the player management expenses from the sectional owners in accordance with the Commercial Building Management Regulations, and keeps the player management expenses equivalent to KRW 258,010,039 as of the date of closing the argument in this case.

In addition, the Plaintiff received an amount equivalent to KRW 53,209,730 as the management fee for November 2016 from the tenant or sectional owner of the commercial building in this case.

F. The Plaintiff imposed on the instant commercial building from November 2016 to January 2017, including electric utility charges, water charges, and urban gas charges, 157,031.

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