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(영문) 서울동부지방법원 2016.06.15 2015가단16119 (1)

관리비

Text

1. The Defendant’s KRW 12,036,976 for the Plaintiff and KRW 5% per annum from December 29, 2015 to June 15, 2016.

Reasons

1. Facts of recognition;

A. The Plaintiff is a manager entrusted with the management of the instant condominium and delegated with the authority to collect management fees by the B management body that is composed of all sectional owners of the Seoul Gwangjin-gu Condominium (hereinafter “instant condominium”).

B. On January 26, 2015, the Defendant completed the registration of ownership transfer on the ground of sale due to the voluntary auction conducted on November 20, 2014 with respect to 8th floor C-31 (hereinafter “instant store”) among the instant condominium buildings.

C. The provisions of the management body rules relating to the instant aggregate buildings are as follows.

Article 6 (Rights and Duties of Sectional Owners) A sectional owner shall have the following rights and duties:

5. Obligations to bear expenses, etc. incurred in maintaining and managing a building and Article 50 (Administrative Fines on Management Expenses, etc.);

1. If a sectional owner, etc. fails to pay management expenses under Article 47 by the designated payment deadline, he/she shall pay 5/100 of the amount in arrears plus the late payment fees every month after the expiration of the payment deadline;

With respect to the store in this case, the management fee was overdue from June 2005, and the management fee and late payment fee from February 2, 2012 to November 201, 2015 are the total of KRW 11,210,170 as stated in the details of the payment of the management fee in the attached Form (i.e., the total of KRW 10,19,750,000,010,420).

[Ground for Recognition: Facts without dispute, Gap evidence 1, 2, Gap evidence 4 through 7, Gap evidence 10, 12, Gap evidence 14, 15, Eul evidence 5, and the purport of whole pleadings]

2. Determination

A. According to the above facts acknowledged as a result of the obligation to pay management expenses, the defendant is obligated to pay management expenses and late payment charges to the plaintiff from June 2005 to November 201, 2015, which are claimed by the plaintiff among the management expenses and late payment charges in arrears.

B. (1) The defendant asserts that the period of extinctive prescription has expired for the part regarding the overdue management fee.

l.p. g., p.