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(영문) 서울서부지방법원 2018.07.27 2017나39447
관리비
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Plaintiff is the representative of the Plaintiff Company C (hereinafter “C”) and the Defendant is the sectional owner of Dongdaemun-gu Seoul Metropolitan Government D building (hereinafter “instant building”) 12th 1203 (hereinafter “instant officetel”).

The management body of the instant building (hereinafter referred to as the "management body") under Article 2 (Subject-matter of Management) of the General Building Management Contract shall entrust the management of the overall building of this case to the CoWC.

In addition, the authority on the management and operation of a building is entirely owned by C&C, and the management body is not involved in the management and administration.

Article 3 (Scope of Business) C&C shall perform the following duties with respect to the part under each management contract (hereinafter referred to as "management part") pursuant to Article 2:

In addition, the management expenses shall be raised as follows:

Provided, That the lease contract shall, in principle, be concluded between a sectional owner and a tenant under the arbitration of the C&C, and the lease deposit shall be deposited into the designated account of the sectional owner.

If the location or consent of a sectional owner is not identified, it shall be deposited directly into a designated account in consultation between the management body and the C&W C.

1. The expenditure of management expenses shall include all the expenses necessary for the operation and management of the building for special management including personnel expenses, power expenses, heating and cooling expenses, telephone expenses, repair of defects, etc. necessary for the revitalization of the building;

2. The management expenses shall include the maintenance of the lessee, the arbitration and conclusion of the lease contract, the procurement of management expenses through the operation of the section for common use, the collection of short-term warehouse usage fees, and the use of the outer counter, etc.

3. The unpaid or unpaid management expenses may be claimed to the sectional owners for a separate management expenses.

4. To maintain the section for common use as general management roads.

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