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(영문) 서울고등법원 2020.02.06 2018나2055105
관리비
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The defendant.

Reasons

Basic Facts

The plaintiff is a management body under the Act on Ownership and Management of Condominium Buildings (hereinafter "the Act") established with all sectional owners of the building A in Seodaemun-gu Seoul Metropolitan Government (hereinafter "the building in this case") as members of the sectional owners.

Article 2 (Definition of Terms) of the Management Rules of the Building of this case (Definition of Terms) The definitions of terms used in this Code shall be as follows:

3. The term “Lessee” means a person who has moved in under a lease contract with a sectional owner;

4. The term “in braille” means a person who occupies the section for exclusive use of the building in this case and a sectional owner or lessee who directly manages the store;

10. The term "head of the management body" means a representative of the management body which exercises overall control over all matters concerning the management, preservation, operation and development of the building in this case as a person appointed by a resolution of the management body meeting (or the general meeting of management body; hereinafter referred to as the "general meeting of management body") under Article 24 of the

11. The term "operating management company" means a management company entrusted with the management and operation of the building of this case in order to manage, preserve, operate, and develop the building of this case.

12. The term "representative member" means the representative of each floor elected by sectional owners of each floor;

13. The term "representative committee" means a committee composed of the head of the management group, auditors and representative members, and the head of the management body represents the committee and plays a role of monitoring the management company.

Article 21 (Matters to be Resolved by Representative Committee) The Representative Committee shall deliberate and resolve on the following matters:

2. Restrictions on the basic policy and management of the building management and commercial building operation of the building of this case;

7. Other matters necessary for the management of buildings and matters concerning joint business activities.

9. The management company or the representative committee under Article 28 (Management Expenses) may impose management expenses on sectional owners or shop occupants regarding matters concerning the preservation, management and change of the section for common use;

1. Management expenses shall be calculated on the basis of the number of units sold in lots;

2...

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