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(영문) 서울북부지방법원 2015.08.18 2014가단28159
관리비
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. A building listed in the attached list (hereinafter “the aggregate building of this case”) is a main complex building consisting of 56 neighborhood living facilities (2,550.46 square meters in total) and 225 households (20,58.6 square meters in total of sections for exclusive use of residential apartment). A residential apartment is a main complex building with a building permit on August 5, 200 and approval for use on September 3, 2003.

There are residential apartments between neighborhood living facilities on the first floor, neighborhood living facilities on the second floor and residential apartment facilities on the second floor, and between the third and the second floor.

B. The Plaintiff is an organization composed of sectional owners or lessees of residential apartment among the instant condominium buildings.

The Defendant B Commercial Building Steering Committee (hereinafter “Defendant Commercial Building Committee”) is an organization comprised of the sectional owners or lessees of neighborhood living facilities among the instant condominium buildings, and Defendant C is a person delegated by the Defendant Commercial Building Committee to collect and execute management fees for neighborhood living facilities.

The Plaintiff and the Defendant Commercial Building Committee have been separately managed from around 2004, and the Plaintiff claimed and received management expenses for the section for common use by applying 10.4% to the Defendant Commercial Building Committee. On April 2014, the Plaintiff claimed management expenses by applying 11.02%, which is the exclusive use area of the neighborhood living facilities, to the Defendant Commercial Building Committee.

C. On February 20, 2014, the Plaintiff: (a) held a temporary management body on March 20, 2014; (b) decided on the case of the establishment of the management committee, which is an apartment and a commercial group; and (c) the case of “collection of underground parking fees and confirmation of the number of commercial buildings used” as the agenda item (d) No. 1. 2. A sectional owner who is unable to attend an assembly was present at an assembly by submitting a written attendance and resolution of the temporary management body, thereby contributing to the smooth progress of the meeting.”

The agenda item 1 attached to the above notification letter shall be "current Condominium".

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