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(영문) 서울중앙지방법원 2020.06.10 2018나53599
관리비
Text

1. The judgment of the first instance, including the Plaintiff’s claim expanded and reduced by this court, shall be modified as follows.

Reasons

1. Basic facts

A. The Defendant is a person who leased fashion E and F (hereinafter “instant store”) among the Seocho-gu Seoul Metropolitan Government D shopping mall (hereinafter “instant shopping mall”).

B. On January 1, 2005, the Defendant entered into an entrustment contract with G Co., Ltd. (hereinafter “Nonindicted Company”) which newly built and sold the instant commercial building, to perform the management duties, such as imposition of management expenses of the instant commercial building, etc., and has been managing the instant commercial building since that time.

C. Of the management body bylaws of the instant commercial building, the contents relating to the instant case are as follows.

Article 1 (Name) This Management Body refers to "D Management Body".

Article 2 (Purpose) The purpose of this Code is to promote the conservation of the original form of a building, the development of commercial buildings, and the common interests of sectional owners and to facilitate the smooth operation of community life by prescribing matters necessary for the management and operation of D (the third floor and the 19th floor above the ground) located in Seocho-gu Seoul Metropolitan Government H (the 3rd floor above the ground) pursuant to the Act on the Ownership and Management of Aggregate Buildings (hereinafter referred to

Article 4 (Composition) This management body shall consist of all sectional owners who have ownership in the D "D" building.

Article 9 (Rights and Obligations of Co-owners)

1. A person who possesses the section of exclusive ownership from the sectional owner for reasons of the lease or others shall have the rights and duties as possessor;

2. The possessor shall have the same obligation to be borne by the sectional owner in relation to the use of the building, site or annex facilities according to the regulations or the meeting of the management body and the resolution of the representative committee;

Article 10 (Joint and Several Obligations) The obligation such as management expenses to be borne by the sectional owner or possessor (hereinafter referred to as the "sectional owner, etc.") to the management body or manager shall be jointly and severally liable by the relevant sectional owner, etc.

Article 30 (Representative Committees)

1. To deliberate and decide important matters concerning the affairs of the management body;

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