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(영문) 울산지방법원 2015.09.02 2014가단65471
약정금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The plaintiff is a representative meeting of occupants of the Seongbuk-gu Northern apartment A (hereinafter referred to as the "A"), the defendant is a representative meeting of occupants of the B apartment complex B (hereinafter referred to as the "B"), and the representative meeting of occupants of the A and B (hereinafter referred to as the "the instant apartment complex").

B. The instant apartment complex was planned to be a single apartment complex at the time of sale as an auxiliary facility to the sports center (hereinafter “instant sports center”). However, as the instant apartment complex was classified into A and B, the instant sports center in the site was included in the section for common use for the residents of A.

C. The Plaintiff’s instant sports center operation occurred during the operation process, and there was a dispute that B residents should bear the operating expenses of the instant sports center. From November 26, 2013, the Plaintiff and the Defendant consulted on the burden of operating expenses of the instant sports center from around November 26, 2013.

On May 19, 2014, the plaintiff and the defendant imposed 9,000 won per month on residents of each complex as management expenses, and implemented the residents' voting to support the operating expenses of the sports center of this case, but rejected.

E. On June 17, 2014, the Plaintiff and the Defendant imposed management expenses or miscellaneous income on residents of each complex by KRW 5,000 per month, thereby implementing the residents' voting to bear the expenses necessary for the operation of the sports center of this case. On the same day, the Plaintiff and the Defendant concluded a joint council of occupants' representatives with the same content as the attached Form (hereinafter referred to as "this case') by holding a joint council of occupants' representatives.

[Reasons for Recognition] Facts without dispute, Gap 1 to 8 evidence 6 (including serial numbers), the purport of the whole pleadings

2. Determination as to the cause of claim

A. The Plaintiff’s assertion 1) The Defendant: (a) imposed KRW 5,000 on the residents of B by household pursuant to the instant memorandum of Understanding; and (b) KRW 5,305,000 per month, which the Defendant would bear among the operating expenses of the sports center of this case (hereinafter “Defendant’s charges”).

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