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(영문) 서울남부지방법원 2021.01.29 2020나58654
관리비
Text

The judgment of the first instance, including the claims extended by this Court, shall be amended as follows.

The defendant 6.0

Reasons

1. Facts of recognition;

A. The Plaintiff is a company that concludes an entrustment contract with the representative committee for management of the aggregate building A (hereinafter “the instant aggregate building”) located in Guro-gu Seoul Metropolitan Government and conducts management affairs, such as imposition and collection of management fees for the instant aggregate building.

B. On April 2017, the Defendant acquired ownership by winning the first floor D (hereinafter “instant store”) among the instant condominiums in the auction procedure at a voluntary auction procedure for real estate on or around April 2017.

(c)

The main contents of the bylaws (No. 1) on the management of the aggregate building of this case are as follows.

Article 30 (Composition of Representative Committee)

1. A representative committee shall be established to deliberate and decide on important matters concerning the management services;

2. The Representative Committee shall be comprised of 13 representative members of the Dong sales committee, 5 representative members of the Dong, and 18 representative members. The sales Dong shall be composed of 2 underground floors, 1 underground floors, 2 above ground floors, 3 floors above ground, 4 floors above ground, 5 floors above ground, 6 floors above ground, 7 floors above ground, 8 floors above ground, 9 floors above ground, 10 floors above ground, 11 floors above ground (including 12 floors, 13 floors above ground, 14 floors above ground, 11 floors above ground), 13 floors above ground (including 12 floors above ground, 13 floors above ground, 10 floors above ground), and one person appointed for each floor from 3rd to 10 floors above ground, and 11 to 18th above ground, 26 through 37th below ground; and

Article 37 (Functions of Representative Committee) The Representative Committee shall determine or deal with the following matters:

3. Deliberation on and approval of the budget and settlement of accounts, such as management expenses. Article 40 (Appointment of Management Personnel)

2. The conclusion of a management contract following the appointment of an administrator shall be made by a representative committee and manager;

Article 42 (Duties of Manager) The manager shall perform the following duties:

7. The details of the management expenses (the details of the management expenses) management expenses set forth in Article 47 (the details of the management expenses) concerning the imposition, collection, deposit, and use of management expenses are as follows:

(1) Direct costs.

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