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(영문) 서울고등법원 2015.07.02 2014나31204
관리비 등
Text

1. Of the judgment of the court of first instance, the money that orders the following payment concerning the principal lawsuit is corresponding to the plaintiff (Counterclaim defendant).

Reasons

1. Basic facts

A. Under Article 23(1) of the Act on the Ownership and Management of Aggregate Buildings (hereinafter “the Act”), the Plaintiff’s management body is an organization established for the purpose of managing the instant building by consisting of all sectional owners of “A” (hereinafter “A”), which is an aggregate building outside B in Jung-gu, Seoul, and three lots of land. The instant building consists of 340 stores under the ground level 1 to 4 above, and 340 stores under the ground level 5 to 15 floors above the ground level 82 offices. Thus, the first island has a total of 61 stores and offices, including 10 to 15 stories (hereinafter “the instant office”). On February 27, 2009, the Defendant was awarded the instant office and completed the registration of ownership transfer on March 26, 2009.

B. On January 20, 2007, the Plaintiff management body held a management body meeting to establish the management body agreement (hereinafter “instant agreement”) under the resolution of the management body agreement (hereinafter “instant agreement”) among nine members of the total sectional owners (82% of the consent rate, the total area of the instant building is 3014.7m2, and the area owned by the sectional owners who agreed to the resolution is 77m2.4m2, the consent rate based on the ratio of shares of 2321m2) among 11 members of the total sectional owners, and appointed C as the manager of the instant building. The main contents of the instant agreement concerning management expenses are as follows:

Article 44 (Contents of Management Expenses) The details of Management Expenses shall be as follows:

1. Direct costs: the costs for electricity, gas, water supply and sewerage, heating, cooling, mutual assistance, etc. directly used by the sectional owners or occupants, and the various costs classified by sectional owners, such as taxes and public charges, buildings, fire insurance premiums, and charges for the use of

2. Expenses for the repair, remodeling, restoration and removal of the section for common use and the operation, check, repair and maintenance of the facilities, etc.

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