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(영문) 서울중앙지방법원 2018.11.16 2018나11816
관리비
Text

1. Of the judgment of the court of first instance, as to KRW 17,456,320 among the judgment of the court of first instance and KRW 13,949,120 among the judgment of the court of first instance against the Plaintiff and KRW 13,949,120 among the judgment,

Reasons

1. Basic facts

A. The Plaintiff is a party’s position 1) The Plaintiff is the shopping mall in the Jung-gu Seoul Metropolitan Government, the 7th underground floor in Jung-gu and the 16th apartment building F shopping mall in the 16th apartment building (hereinafter “instant shopping mall”).

(2) On May 12, 2009, the Plaintiff was established on May 12, 2009 for the purpose of managing and operating the shopping mall of this case. The Plaintiff filed an application for the registration of the opening of a superstore pursuant to the Distribution Industry Development Act, and received a superstore registration certificate from the head of the Gu in Seoul on April 22, 201, and the head of the Gu in September 4, 2013 accepted the Plaintiff’s report from the head of the Gu. The Plaintiff is in charge of the duties such as imposing and collecting management fees of the shopping mall of this case and claiming management fees for the unpaid owners of the fifth floor, G, H, and J stores among the shopping mall of this case.

(hereinafter referred to as "each store") shall be specified as the number of houses, and the total number of the above stores shall be referred to as "each store of this case".

On February 21, 2009, the owner of the shopping mall of this case, under the Act on the Management and Ownership of Aggregate Buildings (hereinafter referred to as the "Aggregate Buildings Act"), convened a management body meeting for all sectional owners, and enacted the management body rules (hereinafter referred to as the "instant regulations"), and the parts relating to this case in the above regulations are as follows.

Article 3 Definitions

1. Managing body: an organization of sectional owners organized for the purpose of carrying out projects relating to the management and operation of the F shopping mall and its sites and annexed facilities;

10. Managing body: A subject for which the custodian and the custodian manage the shopping mall by himself or by entrusting the management of the shopping mall;

Article 41 Function of Operating Committee

1. Matters concerning the basic policy for the management of buildings and the operation of commercial buildings;

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