(영문) 서울중앙지방법원 2020.08.12 2017나33314

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(영문) 서울중앙지방법원 2020.08.12 2017나33314

관리비

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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. The Plaintiff was established around May 12, 2009 for the purpose of managing and operating the shopping mall (hereinafter “D shopping mall”) which is the 7th underground floor in Jung-gu Seoul and the 16th apartment building (hereinafter “D shopping mall”).

The Plaintiff applied for the registration of the establishment of the shopping mall of this case pursuant to the former Distribution Industry Development Act (amended by Act No. 14997, Oct. 31, 2017; hereinafter “former Distribution Industry Development Act”), and received the registration certificate of the establishment of the superstore on April 22, 201 from the head of the Seoul Special Metropolitan City Jung-gu, which was issued by the head of the Gu. On September 4, 2013, the head of the Gu accepted the Plaintiff’s report from the operator of the superstore, thereby dealing with the duties such as imposing and collecting management fees of the shopping mall of this case as the qualification of the manager of the superstore from that time

B. The Defendant is a sectional owner of E/F store on the sixth floor of the shopping mall building of this case (hereinafter “instant store”).

C. From January 2014 to May 2016, the Defendant did not pay a total of KRW 4,222,300 (i.e., unpaid management expenses, KRW 3,476,780, late payment charges of KRW 745,520).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3 (including virtual numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The former Distribution Industry Development Act, which determines the cause of the claim, grants a general authority on the maintenance and management of a superstore to a superstore manager who is established by shop occupants who are not a management body under the Act on the Ownership and Management of Aggregate Buildings which is established automatically by all sectional owners (hereinafter “the Act on the Ownership and Management of Aggregate Buildings”), but provides that “matters related to the separate ownership” shall be governed by the provisions of the Act on the Ownership and Management of Aggregate Buildings, such as regulations established by the management body which is a sectional owner’s organization or resolution of the

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