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(영문) 인천지방법원 2019.08.27 2018나67575
관리비
Text

1. Revocation of the first instance judgment.

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. 1) The building D (hereinafter referred to as “the building of this case”) in Si interest City is called the building of this case

(2) On January 1, 2014, the Plaintiff concluded a building management agreement to the effect that the term of the contract is two years between E and E, the managing body of the instant building, and that the annual basic management service cost is 25,729,790 won (monthly basic management service cost 2,14,149 won), and that the unpaid management cost before January 1, 2014 is not claimed and recovered under the Plaintiff’s responsibility due to the special agreement, and that the unpaid management expenses claim is transferred to the Plaintiff.

3) On January 5, 2017, the Plaintiff and E, the managing director of the instant building management body, are entrusted with the comprehensive management of the instant building with the same content as the previous building management contract (hereinafter “instant building management contract”).

B) The Defendant again concluded a new contract. The Defendant acquired the ownership of the instant building at the auction procedure for real estate rental conducted to the Suwon District Court Ansan Branch of the Republic of Korea (hereinafter “instant business site”). Of the instant building, the head of Suwon District Court G through H (hereinafter “instant business site”).

(C) As for the place of business of this case, the unpaid management expenses were unpaid, and the payment period for each unpaid management expenses was determined from March 31, 2015 to February 28, 2018 by the end of each relevant month. Article 2 of the Management Rules for the Building in this case (Definition of the Terms) of the Terms is as follows: (a) the term used in the Rules for the Management of the Building in this case is defined as follows: (b) the unpaid management expenses were unpaid, and the total amount of KRW 48,693,010 was unpaid from March 3, 2015 to February 2018; and (c) the payment period for each unpaid management expenses was determined from March 31, 2015 to February 28, 2018:

(7) The management entity shall be itself.

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