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(영문) 대법원 2016.02.18 2012다3746
구상금
Text

All appeals are dismissed.

Costs of appeal shall be borne by each party.

Reasons

The grounds of appeal are examined.

1. As to the Defendants’ grounds of appeal

A. As to the ground of appeal No. 1, Article 23 (1) of the former Act on the Ownership and Management of Aggregate Buildings (amended by Act No. 10204, Mar. 31, 2010; hereinafter "the Aggregate Buildings Act") provides that "If a sectional ownership relationship with respect to a building is established, sectional owners shall form a management body, which aims at the management of the building and its site and its accessory facilities, by all the members of the sectional owners, if the sectional ownership relationship with respect to the building is established." Thus, the management body is a management body, not an organization established only through any organizational act, but a sectional ownership relationship with respect to the management of the building and its accessory facilities is established if all the members of the sectional owners naturally, and if it conforms to the purport of Article 23 (1) of the Aggregate Buildings Act as an organization consisting of sectional owners, it may act as a management body regardless of its form of existence or title, and even if it

(See Supreme Court Decision 94Da27199 delivered on August 23, 1996. According to the reasoning of the judgment below, H upper family is as follows: H upper family, part of the sectional owners and former lessees of H upper family, including the Plaintiff (appointed party; hereinafter “Plaintiff”) and the designated parties, constituted H upper family and established H upper family management rules with respect to H upper family on March 1, 2006; H upper family council is responsible for the management of the entire building; while H upper family council is responsible for the management of H upper family building on March 23, 2006, calculates expenses and individual management expenses pursuant to the H upper family management rules and imposes management expenses on the Plaintiff, etc. and the former lessee and the relevant Defendants; from January 1, 2007, H upper family council was responsible for the management of H upper family; and from March 2006, H upper family council was responsible for the management of the entire building at H upper family, etc.

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