logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원진주지원 2017.09.12 2017가단21
관리비
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff, including the part resulting from the supplementary participation.

Reasons

1. Basic facts

A. The Plaintiff is an organization that manages the common areas of the building B in South-west Sea (hereinafter “instant building”) and the Defendant is the owner of the instant building C (hereinafter “instant store”). The Defendant’s Intervenor leased the instant store from the Defendant to a ticket office and a waiting room, and the Defendant is a company that sells tickets to bus passengers entrusted by the said passenger company.

B. On February 25, 2016, the Plaintiff held an ordinary general meeting and revised Article 21 Subparag. 2 of the Management Rules as follows (hereinafter “instant amendment”).

Article 21 (Composition, etc. of Management Expenses) of the Management Rules after the amendment of the Management Rules before and after the amendment.

2. The management expenses (including expenses for the section for common use) shall be imposed differently according to the ratio of the area for sale by store;

Article 21 (Composition, etc. of Management Expenses)

2. Management expenses (including expenses for the section for common use) shall be imposed differently in proportion to the size of each store sold in lots;

The imposition of management expenses for public use shall be made according to the share area of the land of the sectional owner (including expenses for common use).

Provided, That the management expenses for a terminal waiting room shall be imposed five times the management expenses for the common use of the sectional owner in consideration of the expenses, such as electricity, water supply, cleaning, personnel expenses, the use and management of toilets, repair expenses incurred by many users due to the characteristics of the passenger terminal, and other expenses.

C. The Plaintiff calculated and notified management expenses from March 2016 to the Defendant pursuant to the management rules, and the Defendant paid management expenses up to March 2017, calculated pursuant to the management rules, which was not management expenses imposed by the Plaintiff pursuant to the management rules after the amendment.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 2 and 3, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion by the parties is premised on the validity of the management rules after the amendment.

arrow