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(영문) 춘천지방법원원주지원 2016.12.22 2015가합6278
특별수선충당금 등 청구의 소
Text

1. The Defendant’s KRW 200,000,100 as well as 5% per annum from May 22, 2012 to November 10, 2015 to the Plaintiff.

Reasons

Facts of recognition

The status of the plaintiff as the party concerned refers to the unit area (exclusive area and the combination of the common area) of 637 households (the apartment of this case hereinafter referred to as "the apartment of this case") 5 units on the land of 783 and 4 lots, Seocho-si, Seocho-si and 783.

hereinafter the same shall apply.

(A) In order to manage 52.48 square meters (i.e., the area for exclusive use by its occupant 39.83 square meters) 146 households, and the area for sale by its occupant 78.99 square meters (i.e., the area for exclusive use by its occupant 59.95 square meters) 491 square meters), an autonomous management organization consisting of four months by occupants in April 201.

The defendant is a company incorporated by dividing it from the Construction of Large Names Co., Ltd. (hereinafter referred to as the "Defendant") on October 29, 2001.

On April 30, 198, the Defendant obtained the approval of the business plan to build the instant apartment units as rental housing on April 30, 1998, and completed the instant apartment units on September 9, 200 and underwent a pre-use inspection on September 9, 200, and managed the instant apartment units as rental business operators under the Rental Housing Act.

In the case of a household, among the apartment buildings of this case, which is 52.48 square meters in the selling area, the Defendant pre-saleed the household on September 15, 2003 to 8 early. In the case of a household with the selling area of 78.99 square meters, the household on December 29, 200, the household on January 17, 2001, the household on November 17, 200, the household on November 17, 2002, the household on May 21, 2003, the household on January 15, 2004, the household on January 15, 2004, and the household on February 28, 2005, respectively.

On October 13, 2005, the Defendant obtained approval for conversion to sale in lots for 138 m2.48 m2 and 78.99 m206 m2, which had been remaining without conversion to sale in lots, and completed conversion to sale in lots for all households of the instant apartment.

Articles 38 and 17 of the Housing Construction Promotion Act and Article 15 of the Enforcement Decree of the Rental Housing Act shall be borne from September 1, 2001 to B (the defendant is named) in accordance with relevant laws, such as the settlement agreement between the plaintiff and the defendant and the transfer of special repair reserve funds by the defendant.

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