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(영문) 서울동부지방법원 2019.05.23 2018가합101473
관리비
Text

1. The Plaintiff:

A. Defendants B, C, and D are jointly and severally liable for KRW 278,406,091 as well as for the aforementioned costs from December 24, 2017 to May 23, 2019.

Reasons

1. Basic facts

A. The Plaintiff is a company that is entrusted with the authority to impose and collect management expenses by concluding an entrustment contract with the H building management body comprised of all sectional owners of the H building in Gwangjin-gu Seoul Special Metropolitan City (hereinafter “instant condominium building”).

(B) Before the change on November 27, 2017: I Stock Company). (b)

On December 12, 2017, Defendant B, C, and D completed the registration of ownership transfer (each 1/3 equity interest) by selling the 22th floor J or K of the instant aggregate building (hereinafter “22nd floor real estate”) in a voluntary auction procedure. Defendant B, C, and D completed the registration of ownership transfer due to the trust with the Defendant Company G (hereinafter “G”) (hereinafter “G”) on December 5, 2017 after receiving the 23rd floor of the instant aggregate building from sale in a voluntary auction procedure.

(hereinafter “instant trust registration”. On November 29, 2017, Defendant B, E, and F obtained the 30th anniversary of the instant aggregate building (hereinafter “30-story real estate”) from sale in a voluntary auction procedure and completed the registration of ownership transfer (one-third share, respectively). Defendant B, E, and F completed the registration of ownership transfer (one-third share, respectively) by obtaining the 31st floor J through M (hereinafter “31st floor real estate”) from sale in the instant aggregate building from a voluntary auction procedure.

C. The part relating to this case among the regulations on the management body of the instant aggregate building and the collection of delinquent management expenses is as follows.

Section 6 (Rights and Duties of Sectional Owners) of the H Building Management Body Regulations shall have the following rights and duties:

5. The rights and obligations under Article 7 (Succession to Rights and Obligations) shall automatically be succeeded to the person who succeeds to the status of the owner due to a change in ownership on the registry.

Article 9 (Rights and Duties of Possessor)

2. The possessor shall be a building or site by the sectional owner; and

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