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(영문) 서울동부지방법원 2020.01.08 2017가단141460
관리비
Text

1. The Defendants shall jointly and severally serve as the Plaintiff KRW 126,827,048 and as a result, from November 24, 2017 to January 8, 2020.

Reasons

1. Basic facts

A. On March 13, 2011, the Plaintiff entered into an entrustment contract for building management with the F management body (hereinafter “instant management body”) comprised of all sectional owners of the building in Gwangjin-gu Seoul Special Metropolitan City (hereinafter “instant building”) on the terms that the Plaintiff is delegated the management of the instant building from the instant management body and is paid the fees for the management of the instant building, but the term of the contract is for five years from March 14, 201 and is automatically extended for five years, except in extenuating circumstances.

On March 14, 2011, the entrustment fee for building management in the above contract shall be 5/100 of the total management expenses incurred in the relevant month for five years from March 14, 201, and for five years thereafter, it shall be determined within 4/100 to 6/100 of the total management expenses incurred in the relevant month by reflecting the rate of change in the sale rate, and the total management expenses refer to the amount excluding advertising expenses, water mining expenses, taxes, education and training expenses, and insurance premiums among the management expenses incurred in the relevant month.

B. On November 10, 2017, among the instant buildings, the Defendants owned M as M (hereinafter collectively referred to as “instant real estate”) L from 27th floor G through H, and I through J (hereinafter collectively referred to as “the instant real estate”). On December 21, 2015, the Defendants sold the instant real estate to a third party by auction, and the new owner paid KRW 3,115,850 to a third party, and thereafter retired on April 19, 2016.

B purchased at K Voluntary Auction Procedure in Seoul Eastern District Court and completed the registration of ownership transfer (one-half shares, respectively).

C. The previous owner of the instant real estate was M Co., Ltd. (B Co., Ltd. to N Co., Ltd. on December 28, 2006, to O Co., Ltd. on January 3, 2007, and to M Co., Ltd. on June 1, 2016; hereinafter “M”). M leased deposit amounting to KRW 5.913,408,000, and lease period from May 27, 2014 to June 30, 2014; and again leased the period of lease from July 1, 2014 to June 30, 2015, P Co., Ltd. (hereinafter “P”).

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