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(영문) 서울서부지방법원 2019.11.08 2018나39437
관리비
Text

1.The judgment of the first instance shall be modified as follows:

The creditor's subrogation right is based on the plaintiff's lawsuit against the defendants.

Reasons

1. Basic facts

A. 1) The Plaintiff is a company with the objective of real estate management business. 2) An aggregate building listed in the attached Table list (hereinafter “instant aggregate building”) is a commercial building (hereinafter “the upper part”) from 3rd to 4rd above the ground, and is a main complex building, an apartment building from 5th above the ground to 18th above the ground (hereinafter “ apartment part”), and is prescribed by the Act on Ownership and Management of Condominium Buildings (hereinafter “the Aggregate Buildings Act”).

I Co., Ltd. (hereinafter referred to as “I”) completed the registration of initial ownership of the instant building on February 7, 2001, and thereafter sold it to the general public.

3) 28 commercial buildings are located in the commercial building of this case, and 80 households are located in the apartment building of this case. Defendant B and C were the 1/2 equity right holders of the building of this case, and Defendant D and E are the 1/2 equity right holders of the building of this case among the buildings of this case. Defendant D and E are the 1/2 equity right holders of the building of this case. Defendant D and E were the 1/2 equity right holders of the building of this case. Defendant C died on March 23, 2018 (hereinafter “the network C”) (hereinafter “the deceased”) (hereinafter “the deceased”), and the deceased’s heir as the deceased’s spouse B (3/7), Defendant B (the spouse), Defendant L and D (the 2/7 equity

B. On December 1, 2004, the Plaintiff entered into a management services contract with I for the management of commercial areas and parking lots of the instant building. On December 30, 201, the Plaintiff entered into a management services contract with I for the management of commercial areas and parking lots. The main contents are as follows.

(hereinafter “instant management services contract”). I (hereinafter “A”) and the Plaintiff (hereinafter “B”) enter into a contract on the management of H commercial buildings and parking lots as follows:

Article 1 (Subject-Matter of Contract) A has the right to manage and contract the following buildings, and the following buildings may be subcontracted to B for the management of the buildings so that the buildings may be maintained safely, sanitarily and pleasantly, and Eul shall be awarded a contract for the management of the buildings and performed in good faith:

1. The name of the building;

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