logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원안양지원 2019.07.04 2017가단114311
구상금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. The facts subsequent to the facts of recognition do not conflict between the parties, or can be recognized by comprehensively considering the overall purport of the pleadings in the entries in Gap evidence Nos. 1-5, 9-14 (including paper numbers; hereinafter the same shall apply) and Eul evidence No. 1.

During the period of Ansanyang-si, D Commercial Building (hereinafter “instant building”) is an aggregate building consisting of approximately 27 sections of exclusive ownership. One of sectional owners has returned to one year without any separate management body or management rules and takes charge of the duties of the manager. However, sectional owners held a management body meeting on January 7, 2012 and appointed the Plaintiff as the manager. From that time, the Plaintiff began to collect and manage the management expenses of the instant building.

B. Defendant B is a sectional owner of the instant building E (hereinafter “E”) and operates a mutual letter store of “F” at its place.

Defendant C is operating a coffee store with the trade name “H” by leasing the G heading (hereinafter “G”) from among the instant buildings.

C. The Plaintiff, as the manager of the instant building, imposed totaling KRW 38,016,801 won with respect to subparagraph (E) and KRW 14,547,981 with respect to Defendant C, as shown in attached Table 1, as management expenses from October 2013 to February 2017. However, the Defendants did not pay these management expenses (hereinafter “each management expenses of the instant case”).

A management body of the instant building was appointed by Defendant B as a new manager around February 2017.

2. The assertion and judgment

A. The summary of the parties’ assertion (1) The Plaintiff paid each of the instant management expenses imposed on the Defendants as the manager of the instant building, according to the fact that the Defendants did not pay each of the instant management expenses.

Therefore, the Defendants are obligated to pay the amount equivalent to each of the management expenses of this case to the Plaintiff.

(2) It is deemed that the details and amount of each of the management expenses of this case imposed by the Plaintiff against the Defendants were fairly calculated.

arrow