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(영문) 서울동부지방법원 2016.11.29 2015가단39761
관리비
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff is an organization established for the purpose of prescribing matters necessary for the management or use of aggregate buildings, sites, and accessory facilities in the part of the commercial building of Seongdong-gu Seoul Metropolitan Government “galgalgalgalgalgalglar (hereinafter “instant building”) located in 85 (hereinafter “instant building”) and operated temporarily until the establishment of the management rules of the instant commercial building, and is a member of the said organization operating temporarily until it

B. On February 19, 2014, the Defendant entered into a lease agreement (hereinafter “instant lease agreement”) with the Guro Business with the term “rode 201-2 and 204-4” (hereinafter “instant store”) of the instant building on the condition that the household exhibition is operated under the name of “rode 201-2 and 204-4” (hereinafter “instant store”). The Defendant shall pay a monthly rent without a deposit deposit, and the term of the lease shall be from March 1, 2014 to February 28, 2015, setting the deposit and monthly rent to enable the conversion of the lease agreement (hereinafter “instant lease agreement”).

C. Article 5 of the General Terms and Conditions of the instant lease agreement provides that “If the store is a fee, the lessee’s management fee shall be paid by the lessor,” and it is confirmed that the Defendant was liable to pay the management fee for the store in this case to the original Defendant and the third party at the time of the store sale in this case.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 1, the purport of the whole pleadings

2. According to Article 48(2) and (3) of the gallongal Self-Governing Rules, the Plaintiff asserted the cause of the claim and determined that the Defendant was responsible for the payment of the management expenses for the instant store, and that the Roz was first determined to pay the management expenses for the instant store by the original Defendant and the Roz three parties, but the Plaintiff was subject to the claim for the management expenses around July 2014.

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