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(영문) 수원지방법원 2016.08.26 2015나36881
관리비
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

2. The plaintiff's total costs of the lawsuit after the appeal are filed.

Reasons

1. Determination as to the cause of claim

A. On May 4, 2005, the Plaintiff asserted that the Plaintiff entered into a contract for the integrated management of buildings (hereinafter “instant management contract”) with D Co., Ltd. (hereinafter “D”) on each real estate listed in the separate sheet (hereinafter “instant commercial buildings”) as indicated in the separate sheet.

D is the manager of the commercial building of this case legally appointed under the Act on the Ownership and Management of Aggregate Buildings (hereinafter "the Aggregate Buildings Act"), and the management contract of this case concluded with D is effective against the management body of the commercial building of this case. Thus, the plaintiff has a service payment claim under the management contract of this case. If D cannot be deemed to have been appointed as the manager of the commercial building of this case without any legal ground, the management body of the commercial building of this case has gained a profit from the management of the commercial building of this case from the plaintiff and thereby has suffered a loss equivalent to the service cost. Thus, the plaintiff has a claim for return of unjust enrichment against the management body of the commercial building of this case.

Meanwhile, in the event that the management body does not have financial resources, a sectional owner and his special successor are liable for the repayment of the management body's obligations according to the share ratio (Article 27 of the Aggregate Buildings Act). The Defendants, the sectional owners of the instant commercial building, are obligated to pay to the Plaintiff the amount of damages incurred by the bankruptcy trustee of the Defendant Bankrupt Savings Bank, the Korea Deposit Insurance Corporation, the Korea Deposit Insurance Corporation of the Defendant Bankrupt Savings Bank, the Korea Deposit Insurance Corporation of the Defendant Bankrupt Savings Bank, the amount of KRW 22,239,793 and the damages incurred by delay.

B. 1) Determination of whether D is a manager of the instant commercial building or not, according to Article 41(1) of the Multi-Family Building Act, if there is an agreement in writing with the sectional owner and at least 4/5 of voting rights regarding the matters that D is to be resolved at the management body meeting according to Article 41(1) of the Multi-Family

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