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(영문) 수원지방법원안산지원 2013.12.05 2012가합10062
관리비납입채무부존재확인 등
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. A building of the first and fifth floors above the ground located C (B; hereinafter “instant building”) in Si interest-si is an aggregate building under the Act on Ownership and Management of Condominium Buildings.

B. 1) The Defendant is an autonomous management body, which is a management body, composed of the occupants of the instant building and the persons entrusted by the occupants. The Plaintiff is the Plaintiff’s heading 503, 504, and 505 of the instant building (hereinafter “instant store”).

2) The Plaintiff is the owner of the instant store. (2) The Plaintiff is operating “D” at the instant store.

C. The main contents of the Defendant’s management rules are as follows.

Article 6 (Duties of Sectional Owners) Sectional owners and shop occupants shall have the following duties:

3. Maintenance expenses and fees necessary for the maintenance and management of buildings, etc., athletes management expenses, maintenance expenses, reserves for repair and maintenance, reserves for long-term repairs, safety inspections and safety diagnosis expenses shall be borne by occupants, etc.

Article 42 (Details of Management Expenses) The details of management expenses shall be as follows:

1. Expenses for electricity, gas, water supply, sewerage, heating, cooling, mutual assistance, etc. directly used by a sectional owner or tenant, and all other expenses that can be classified by different types, such as taxes and public charges, buildings, fire insurance premiums, charges for causing traffic congestion, and charges for using public facilities;

(2) All expenses incurred in the joint operation, such as the repair, remodeling, restoration, removal, inspection, repair, maintenance, etc. of the facilities in common areas.

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