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(영문) 수원지방법원 2017.08.31 2016나59676
관리비
Text

1. The judgment of the first instance court, including the plaintiff's claim extended at the trial room, shall be modified as follows:

The defendant.

Reasons

1. The following facts do not conflict between the parties, or each entry in Gap evidence Nos. 1 to 10, 16, 18 to 22, and Eul evidence No. 5 (including each number; hereinafter the same shall apply) may be admitted, taking into account the whole purport of the pleadings:

The “C”, which is an aggregate building of the fourth floor and the fifth floor underground (hereinafter the “instant building”), located in Heung-gu, Chungcheongnam-gu, was completed around October 2007, and the Defendant acquired the partitioned ownership of the instant building Nos. 301 and 302 (hereinafter the “instant store”) from among the instant buildings around January 6, 2009.

B. On December 5, 2014, the sectional owners of the instant building: (a) held an inaugural general meeting on and around 14:00, and enacted management rules; (b) elected E as the manager of the instant building; and (c) between the Plaintiff and the same day, E entered into a “comprehensive management service contract” with the purport of entrusting the Plaintiff with overall management affairs, including the collection of management expenses and fees for the instant building, and the payment of taxes and public charges by proxy.

(hereinafter referred to as "the management contract of this case", and the detailed contents thereof are as the same as the main contents of the management contract of this case.

Before the conclusion of the instant management contract, the instant building was managed through a controlled entity selected by the president of the executive company who is not the manager of the instant building, the representative of the shop occupants under sectional ownership, and the president of the Commercial Building Organization, as indicated in the table on the management fees for the Defendant. The Plaintiff, including the former controlled entity, has been able to use the first and third floors underground and the third floors underground (61%) among the instant building as the sectional owners of the fourth and fourth floors underground (61%). D may use the first and second floors underground as the sectional owners of the divided store (including those who occupy the section of exclusive ownership with the consent of the sectional owners) for the total amount of 59 charges per unit of the divided store.

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