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(영문) 서울중앙지방법원 2021.01.15 2019나39361
관리비
Text

1. Of the judgment of the first instance court, the part against the defendant in excess of the amount ordered to be paid below shall be revoked, and

Reasons

1. Facts of recognition;

A. C’s usage relation (1) Buildings with two underground floors and eight storys above ground and eight storys above ground in Seongbuk-gu, Sungnam-si (hereinafter “C”) are parking lots, business facilities, and neighboring condominium buildings.

(2) The remaining parts of C’s ground 1 and 2, excluding those used as commercial buildings, and the entire 3 to 6th of the ground, are used as a business parking lot (hereinafter “instant ground parking lot”).

C Ground 7, 8 stories are used for officetels purposes, underground 1, and 2 stories are used as underground parking lots for the owners of commercial buildings and officetels.

B. The Plaintiff is performing C’s management duties from November 1, 2017.

(2) From November 1, 2017, the Defendant, as one of the sectional owners in C, owns a part of the share of the instant ground parking lot (4.776/71/71, 829, 24.074/1,339.69/1,339.69/2,350.84/2,35/2,350 of each of the 2,350.84/2,350 of the 2,175.35/175).

(3) Pursuant to Article 23(1) of the former Act on the Ownership and Management of Aggregate Buildings (amended by Act No. 10204, Mar. 31, 2010), C management body is a management body established automatically by consisting of all divided owners of C, pursuant to Article 23(1) of the said Act.

(4) On December 2002, C’s largest equity right holder was a stock company E (in the case of a convenience company, only when the part of “stock company” among the legal life is first mentioned, and there are no other things thereafter) and was changed to F in 2007.

Han Part F owned approximately 70% shares in the instant ground parking lot. However, G acquired all shares in F’s ground parking lot from January 7, 2015 to December 23, 2015 by means of purchasing shares or receiving a successful bid in the auction process, and used the instant ground parking lot as a fee-charging business after becoming a person with the largest share in F’s ground parking lot.

(c)

C’s custodian.

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