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(영문) 부산지방법원 2016.11.17 2016가합1222
관리비등
Text

1. The Defendant’s KRW 243,497,219 and KRW 239,070,80 among the Plaintiff, respectively, shall be from March 12, 2016 to November 17, 2016.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company established for the purpose of operating and managing D stores located outside Busan, Busan, and 14 lots (hereinafter “instant commercial building”). A corporation that registered the establishment of a superstore pursuant to the former Distribution Industry Development Act (amended by Act No. 5833, Feb. 8, 1999) on April 15, 199. The Defendant paid the proceeds by winning each store in the real estate auction procedure (hereinafter “each of the instant stores”) stating “No. 3016, 409, 4460 among the said stores and completed the registration of ownership transfer on April 14, 206 for the remaining 50 stores.

B. At the time of the registration date of the establishment of the superstore, the Plaintiff enacted the management rules of the shopping mall (hereinafter “instant management rules”) with the consent of not less than 2/3 of the shop occupants of the instant shopping mall, and the contents related to the instant case are as follows.

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

6. Obligations to faithfully observe relevant Acts and subordinate statutes relating to buildings and business management, this Code and the matters resolved by the board of directors;

7. Obligations to bear expenses, etc. required for common interests related to the maintenance of buildings and business management, and Article 7;

1. A person who has obtained ownership transfer on the register of the company and a person who has leased pursuant to the rules shall automatically succeed to the rights and obligations specified in Article 6 above;

Article 22 (Duties)

5. A sectional owner, etc. shall bear all the expenses incurred in the management of the section for common use, etc. (hereinafter referred to as "management expenses") in accordance with the imposition standards, and the details of the management expenses shall be as follows:

1. Maintenance and management, such as heating, cooling, cleaning, repair of facilities, inspection, repair, remodeling, restoration, removal, etc. of common areas;

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