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(영문) 서울중앙지방법원 2016.09.22 2016나16978
관리비 등
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. The Plaintiff is a management body established with the members of each sectional owners of the three underground floors and the five above ground floors in Gangnam-gu Seoul, Seoul, as well as the collective building that is a neighborhood living facility (hereinafter “instant commercial building”).

B. On September 30, 199, the Plaintiff’s management body appointed W&C as the manager at the inaugural general meeting of the company, and thereafter, the said company performed its management duties. However, the Seoul Central District Court Decision 201Gahap998 and 2011Gahap101228, which was instituted by some sectional owners of the instant commercial building, was sentenced to dismissal from the manager, and the judgment became final and conclusive on July 31, 2013.

C. Since then, in the case of applying for the appointment of a temporary manager at the Seoul Central District Court 2013 non-hap127, which was applied by some sectional owners of the instant commercial building, the above court decided on August 22, 2013 that the appointment of the “Attorney D” as the temporary manager of the Plaintiff management body by applying Article 63 of the Civil Act mutatis mutandis.

On January 11, 2007, the Defendant acquired the ownership of the first floor among the instant commercial buildings. From May 201 to March 2014, the Defendant did not pay the aggregate of KRW 4,368,410 (the late payment charge of KRW 2,708,460) imposed on the said store by the Plaintiff managing body from May 201 to March 201.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1 to 33, Gap evidence 3, Eul evidence 7 and 8, the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to the cause of the claim, the defendant is obligated to pay the plaintiff, who is the managing body of the commercial building of this case, a total of KRW 4,368,410 to the management expenses and arrears of the defendant's store.

B. The defendant's assertion and judgment 1 is the defendant.

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