logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2017.04.06 2015가합2915
관리비
Text

1. Defendant B and Defendant C jointly share 131,867,453 won, Defendant B and Defendant D Co., Ltd.

Reasons

1. Basic facts

A. A building A (hereinafter referred to as the “instant building”) is a residential complex building consisting of Dong pipes (750 shops, 60 apartment houses) constructed on the ground of Dongdaemun-gu Seoul, Dongdaemun-gu, and library conduits (including 648 apartment houses and 28 apartment houses) constructed on the ground of the F. The entire area of the commercial building is 12,419.62 square meters, and the entire area of the apartment part is 10,418.64 square meters, and the entire area of the apartment part is 22,838.26 square meters (12,419.62 square meters + 10,418.64 square meters).

B. The Plaintiff is a management body consisting of all sectional owners of commercial buildings and apartment houses for the purpose of implementing the instant building, its site and its appurtenant facilities management project pursuant to Article 23 of the Act on the Ownership and Management of Aggregate Buildings.

C. For the period from August 2012 to September 2015, Defendant B and Defendant C jointly occupied the 1 and 2nd floor of the instant building for the purpose of the store supplies sales business, occupied the 4th floor of the library of the instant building for the purpose of the said Defendants’ warehouse, etc., and Defendant B and Defendant D jointly occupied the 3rd floor of the building of the instant building for the purpose of wedding hall, and jointly occupied the 2nd floor of the Dong library of the instant building for the purpose of wedding hall. The unpaid management expenses incurred during the pertinent period are as follows.

① Unpaid management expenses for the portion jointly occupied by Defendant B and Defendant C: 131,867,453 (i.e., unpaid management expenses 157,067,303 - the Plaintiff’s unpaid loan management expenses - KRW 25,199,850) ② Unpaid management expenses for the portion jointly occupied by Defendant B and Defendant D: 153,779,405 won.

[Ground of recognition] Unsatisfy, Gap's statements (including the paper numbers) in Gap's evidence 1 to 17, Eul's evidence 1 to 5 (including each number), the purport of the whole pleadings

2. The assertion and judgment

A. Regarding the claim that the plaintiff sought payment of the amount equivalent to the above unpaid management expenses against the defendants, the defendants' appointment of G as the representative of the plaintiff is inappropriate and G.

arrow