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(영문) 서울중앙지방법원 2018.07.26 2012가합516704
채무부존재확인
Text

1. Plaintiff B, C (25), D, E, F, G, H, I (201), J, K, L, M, against the Defendant-Counterclaim Plaintiff for Jongno-gu Seoul Metropolitan Government A building.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Basic Facts

The following facts are not disputed between the parties, or may be acknowledged by comprehensively taking into account the overall purport of the arguments in Gap evidence Nos. 31, 32, 33, 34, 35, 36, and Eul evidence Nos. 10 and 22 (including each number, if any):

The Defendant is a management body established pursuant to the Act on the Ownership and Management of Aggregate Buildings with all sectional owners of Jongno-gu Seoul Metropolitan Building (hereinafter referred to as the “instant building”) as members, and the Plaintiffs are the owners of the divided stores listed in the corresponding column of the sectional ownership list among the instant buildings.

Article 6 (Rights and Duties of Sectional Owners) A sectional owner shall have the following rights and duties:

5. Liability to bear management expenses, etc. incurred in maintaining and managing buildings;

7. The manager under Article 21 (Distribution of Profits from Section for Common Use) who is obligated to faithfully observe the matters resolved by the representative committee of the management body under Chapter V of the relevant Acts and subordinate statutes related to the management of buildings, the regulations of the management body, the regulations of the management body, the assembly and the resolution of the representative committee of the management body under Chapter V of this Regulations shall allocate profits from the use of the

In such cases, it may be offset against management expenses borne by sectional owners, etc. according to the resolution of the Representative Committee.

Article 47 (Fiscal Year) The fiscal year shall be from January 1 to December 31 of each year.

Article 52 (Management Expenses, etc. for Management Expenses)

1. If a sectional owner, etc. fails to pay management expenses by the designated payment deadline, he/she shall pay 5/100 of the amount in arrears plus arrears every one month after the expiration of the payment deadline;

Article 53 (Management Expenses, etc. and Other Matters not Included in these Rules) Detailed matters concerning management expenses, etc. not stipulated in these Rules shall be governed by separate management regulations.

The Defendant’s inaugural general meeting is held on May 14, 2005, and is called the instant protocol for the management of the instant building.

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