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(영문) 인천지방법원 2017.03.24 2015가단241869
관리비
Text

1. The Defendant shall pay to the Plaintiff KRW 89,235,041 and the interest rate of KRW 15% per annum from February 10, 2017 to the day of complete payment.

Reasons

Facts of recognition

The Plaintiff is a controlled entity that has entrusted the business of managing and maintaining buildings from the merchants' associations or individual sectional owners of the Seo-gu Incheon Metropolitan Government (Gu C), which is one aggregate building, and the Defendant purchased 501 of the aggregate building from D on November 13, 2013 (hereinafter the above aggregate building is referred to as "the instant building" and only 501 of the Defendant's ownership is indicated as "501") and operates a bowling site after completing the registration of transfer of ownership on January 2, 2014.

The Plaintiff entered into an entrustment contract with D, the former owner of June 5, 2005, and received management expenses incurred in the performance of entrusted management affairs, but did not enter into the entrustment contract with the Defendant on 501.

The Plaintiff incurred the same expenses as indicated in the attached Tables 1 and 2 in relation to subparagraph 501 from January 2015 to May 2016 in the course of performing the business of managing the said condominium building. The Defendant paid only KRW 4,950,000 per month from January 2015 to June 2015.

1. On the other hand, on July 23, 2015, the Defendant held a management body meeting on the instant building to decide on the case of selecting a new management company, the case of leaving the Plaintiff and the case of appointing the representative of the sectional owners. As the Plaintiff did not recognize the above resolution, the Defendant held a new management body meeting on August 28, 2015.

7. 23. 23. Resolution of the same contents as the resolution of the management body meeting, and further resolution was adopted to urge the plaintiff to leave the meeting and to dismiss the manager when the plaintiff was an existing manager.

2) On September 19, 2015, a management body of sectional owners newly organized based on the resolution under the preceding paragraph filed a provisional injunction against managing the instant building against the Plaintiff at the Incheon District Court (2015Kahap10214), and the said court accepted an application on May 12, 2016. 3) The management body of sectional owners and the Plaintiff on May 27, 2016.

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