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(영문) 서울중앙지방법원 2016.02.02 2015나17165
관리비등
Text

1. Revocation of a judgment of the first instance;

2. Upon the claim extended at the trial, the Selection C shall be KRW 4,790,50,00.

Reasons

1. The court's explanation of this part of the basic facts is 1.A among the grounds for the judgment of the first instance court.

1) Paragraph 5 (hereinafter “Plaintiff’s Merchant Association”) is added to “T Co., Ltd. is an organization composed of props of the instant building” (hereinafter “Plaintiff’s Merchant Association”) and ② except for the modification of Paragraph 1(c) as described in Paragraph 1 of the reasoning of the judgment of the first instance, it is cited pursuant to the main sentence of Article 420 of the Civil Procedure Act.

The Defendants’ deviations and the Plaintiff’s management fee imposition 1) The Plaintiff imposed and notified monthly management expenses on its members pursuant to the instant association rules. The management expenses imposed include items such as “store electricity charges”, “joint and heating and cooling expenses”, “water and sewerage system maintenance expenses”, “cleaning management expenses”, “heating and cooling system inspection expenses”, “CCTV membership fees”, and “CCTV” (However, the items of “CCTV” were imposed only for the period from December to September 2012 to September 2013.

2) The aforementioned membership fees consisting of employee pay, office rent, fire-fighting promotion cost, living safety fund, welfare cost, light survey cost, communication cost, retirement reserve fund, and goods cost. The CCTV item constitutes the amount corresponding to the installation cost of CCTV installed by the Plaintiff in order to strengthen the expenses and security measures in the instant commercial building on or around December 2012. (2) The Defendants notified the Plaintiff of the intention of the withdrawal from the meeting and sent the notification to the Plaintiff on December 2012.

3) The Plaintiff continued to impose and notify the Defendants of the management expenses despite the Defendants’ rejection notice. The Defendants paid all the remainder of management expenses excluding membership fees and CCTV items among the management expenses imposed on the Defendants. 4) From December 2012 to September 2015 (including KRW 97,400, KRW 32,400, and KRW 32,400, in the case of the Selection Party E), among the management expenses imposed on the Defendants (including KRW 97,400, and KRW 32,400, in November 2012), the Plaintiff’s membership fees and CCTV items are all the sum of the management expenses imposed on the Defendants.

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