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(영문) 서울중앙지방법원 2019.08.23 2018나11878
관리비
Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

Reasons

1. Basic facts

A. Seoul Jung-gu Seoul is an aggregate building of 6 underground and 15 floors above ground.

C Building ① Parking lots, mechanical rooms, electricity rooms, ② from the second to the third underground floors, ③ from the second underground floors to the second underground floors, ③ from the second underground to the sixth underground floors, ④ from the fourth underground, ④ from the third underground to the third underground floors, ⑤ from the third underground living facilities, ⑤ from the tenth underground, the fourth and the tenth underground are general business facilities (the tenth underground is being used as the Plaintiff’s office) and ⑥ from the 11st to the 15th underground floors.

B. On December 11, 1999, the Plaintiff was established for the purpose of maintaining and managing C buildings and revitalizing commercial buildings. On November 2, 2000, the Plaintiff filed a report on the part from 2nd underground to 9th ground under Article 12(3) of the former Distribution Industry Development Act (wholly amended by Act No. 6959, Jul. 30, 2003; hereinafter “former Distribution Industry Development Act”).

C. On November 13, 2000, the head of Jung-gu Seoul Metropolitan Government (hereinafter “the head of Jung-gu”) accepted the above report and issued a superstore establishment registration certificate and a superstore manager’s confirmation to the Plaintiff.

On October 13, 2014, the head of China issued a superstore establishment registration certificate to the Plaintiff with the 10th floor above C building ground located in the business site.

From 200 to 200, the Plaintiff is in charge of the C building by collecting management fees from the sectional owners and lessees of the entire C building and operating the parking lot.

E. The Plaintiff imposed management expenses according to the management rules and management rules enacted pursuant to the management rules with the consent of at least 90% from the sectional owners of C building, according to the “Standards for Calculation of Management Expenses and Payment of Management Expenses” (hereinafter “Standards for Payment of Management Expenses”).

According to the criteria for the payment of management expenses, general management expenses, outsourcing service expenses, and maintenance expenses are regulated to be imposed differentiated by type of business (Article 6), commercial buildings (sales facilities) shall be imposed more increased than other types of business (facilities for convenience, business facilities, and officetels), and the same type of business shall be applied.

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