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(영문) 서울북부지방법원 2017.12.19 2017나31546
관리비
Text

1. Revocation of a judgment of the first instance;

2. All of the instant lawsuits are dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. 1) The Defendants are the parties concerned. The Act on the Ownership and Management of Aggregate Buildings (hereinafter “Act on the Ownership and Management of Aggregate Buildings”).

(B) 2nd underground and 10th above ground in Dongducheon-si, an aggregate building set forth in E (hereinafter referred to as “instant building”).

The divided ownership relationship is as follows. The intervenor joining the defendant is the management body under the Aggregate Buildings Act for the building of this case, which is composed of all divided owners of the building of this case. B 801 stories B 801 on June 18, 2009, No. 901 stories C901 and D 1001 stories D 1012 on June 18, 2009.

3) The Plaintiff, who is engaged in the building management business under the trade name “I” in Dongducheon-si H and 901, collected management expenses for the instant building in its own name from around 2010 to April 2016, and issued receipts and tax invoices, etc. 4) The Intervenor joining the Defendant held a steering committee on April 11, 2016 and decided to dismiss the Plaintiff from the office of the instant building management, and delegated the management of the instant building to J from June 1, 2016.

B. 1) The Plaintiff’s account in the name of the Plaintiff from each sectional owner of the instant building (Account Number: K; hereinafter “Deposit Account for the instant management expenses”)

(2) The Plaintiff received monthly management expenses, and collected and used funds necessary for various public charges, such as electric power and water supply charges for the instant building, from the deposit account for the instant management expenses. (2) The Plaintiff transferred funds from the deposit account for the instant management expenses to another new bank account in the name of the Plaintiff (hereinafter “the instant personnel expenses account”) and paid personnel expenses to the employees via the instant personnel expenses account, and ② the method of transferring funds from the deposit account for the instant management expenses to the direct employees, etc.

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