logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2018.09.28 2017다203374
관리비내역공개 등 청구
Text

The judgment below

The part concerning Defendant E is reversed, and the judgment of the first instance corresponding to this part is revoked, and this part is applicable.

Reasons

The grounds of appeal are examined.

1. Regarding the plaintiffs' grounds of appeal

A. The lower court found, based on the evidence in its holding, that Defendant D Building Management Body (hereinafter “Defendant D Building Management Body”) imposed management expenses calculated by the amount of a certain amount per square meter, based on the so-called fixed amount assessment method.

In addition, the lower court rejected the Plaintiffs’ claim against the Defendants for the report on the imposition of “the particulars of the management expenses by item” under the above provision, comprehensively taking account of the following: (i) the Plaintiffs’ claim for the imposition of the management expenses by item, which actually incurred to each sectional owner; (ii) Article 26 of the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Act”) and Article 6 of the Enforcement Decree of the Act on the Ownership and Management of Aggregate Buildings (hereinafter “the Act”) stipulate the matters concerning the method of calculating the allotted amount and expenses for the management of the management body; and (iii) the details of the accumulation of the collected expenses, which should be reported by the management body; (iv) however, it is difficult to view that the manager has to report the imposition of the management expenses by item on the basis of the method of

B. Article 26 of the Aggregate Buildings Act and Article 6 of the Enforcement Decree thereof require the management body or manager of an aggregate building to report "the method of calculating the allotted amount and expenses for the management body's business execution" to the sectional owner, etc., the manager should report the amount imposed and collected by each sectional owner, the method of calculation and the amount actually executed, so that the manager may give an opportunity to review the legitimacy and appropriateness of the management body's business execution.

In addition, the instant case seeking to report the details of management expenses, etc. in order to determine whether the imposition and enforcement of management expenses actually performed was lawful and appropriate.

arrow