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1. The part against the plaintiffs, which orders payment under the judgment of the court of first instance, shall be revoked.
Reasons
1. Basic facts
A. On November 2, 2010, the decision on the commencement of rehabilitation procedures for the plaintiffs R and W was made, and R and W were appointed as respective administrators.
(U.S. District Court 2010dan59, 60; hereinafter the debtor and the plaintiff debtor's custodian R are collectively referred to as "Plaintiff R," and the debtor W and the plaintiff debtor W as "Plaintiff W," respectively.
The building is a sectional owner or lessee of a commercial building (hereinafter referred to as “sectional owner, etc.”), among the building A and the building A and the building A and the Defendant is a management body established with all sectional owners of the building of this case under Article 23 of the former Act on the Ownership and Management of Aggregate Buildings (amended by Act No. 10204, Mar. 31, 2010; hereinafter referred to as the “former Act”).
B. The instant building consists of apartment buildings, officetels, and commercial buildings. At the time of sale, the apartment and officetel sales area was determined by adding the exclusive and partial common areas, while the sale area of the commercial building was determined by adding the exclusive and partial common areas, and the sale area of the commercial building was determined by adding some parking lots to the exclusive and partial public areas.
C. As prescribed by the first management rules of the building of this case (No. 1 certificate; hereinafter “instant management rules”), the Defendant collected the public management expenses of the entire building of this case by dividing them by the proportion of the unit area of each unit.
집합건물의 공용관리비 부담 등에 관한 구 집합건물법 및 이 사건 관리규약의 내용은 ▣ 구 집합건물법 제12조(공유자의 지분권) ① 각 공유자의 지분은 그가 가지는 전유부분의 면적의 비율에 의한다.
(2) In cases under paragraph (1), if the area for a section for partial common use exists, the area for such section for common use shall be allocated according to the ratio of the area of the section for exclusive use by the sectional owners sharing it, and shall include the area
Article 17. Section for common use.