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(영문) 서울중앙지방법원 2017.06.21 2015가단83741
관리비
Text

1. The defendant shall pay to the plaintiff KRW 12,708,407 and KRW 11,553,119 among them, from May 29, 2015 to the day of full payment.

Reasons

1. Basic facts

(a) D building in Jung-gu Seoul Metropolitan Government is an aggregate building of six underground and fifteen above ground.

D Building ① Parking lots, mechanical rooms, electricity rooms, ② from the second to the third underground floors, ③ from the second underground floors to the sixth underground floors, ③ from the second underground floors to the sixth underground floors, ④ from the fourth underground floors, ④ from the fourth underground, ⑤ from the fourth underground, ⑤ from the fourth underground to the fourth underground facilities, ⑤ from the fourth underground facilities (the office of the plaintiff), and ② from the 11st to the 15th underground floors.

B. On December 11, 1999, the Plaintiff was established for the purpose of maintaining and managing D buildings and activation of commercial buildings. On November 2, 2000, the Plaintiff filed a report on the part from the second to nine floors above ground pursuant to Article 12(3) of the Distribution Industry Development Act.

C. On November 13, 2000, the head of Jung-gu Seoul Metropolitan Government (hereinafter “the head of Jung-gu”) accepted the above report and issued a superstore establishment registration certificate and a superstore manager’s confirmation to the Plaintiff.

On October 13, 2014, the head of China issued a superstore establishment registration certificate to the Plaintiff on the 10th floor above the ground of the D Building, which is included in the place of business.

From 2000 to 200, the Plaintiff manages the D building by collecting management fees from the owners and lessees of the entire D building and operating the parking lot.

E. The Defendant completed the registration of transfer of ownership on the ground of sale on January 11, 2001, No. 2745, which was received on January 12, 2001, with respect to the 4 stories of D Building 917, No. 7.680 square meters, and No. 918, Jun. 7, 200 square meters.

(B) Of them, the Defendant did not pay KRW 12,708,407 (i.e., principal 11,53,109 late 1,155,29) in total, from September 2013 to November 2015.

F. Under the Act on the Ownership and Management of Aggregate Buildings (hereinafter “the Aggregate Buildings Act”), a management body composed of the sectional owners of DNA buildings is to confirm the management right against the plaintiff.

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