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(영문) 대전지방법원 2017.01.26 2016나3346

관리비

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

Basic Facts

The plaintiff is the council of occupants' representatives consisting of representatives from each Dong of the A apartment in Chungcheongnam-gu, Chungcheongnam-si (hereinafter "A apartment"), and the defendant is a corporation established for the purpose of housing construction and lease business, which is the owner of A apartment No. 101 and No. 312 (hereinafter "the apartment of this case") and No. 1302 (hereinafter "the apartment of this case") of the same 13th floor.

On April 28, 2009, the Defendant concluded a lease agreement with C on KRW 5,00,000, monthly rent of KRW 350,000 with respect to the apartment of this case as to the apartment of this case as to KRW 312, and around that time, C was residing in July 2015, since C began to occupy and live in the apartment of this case.

In addition, between D and D on May 24, 2011, the Defendant entered into a lease agreement with respect to the instant apartment as KRW 1,000,000, monthly rent of KRW 350,000 with respect to the rental deposit for the instant apartment as well as KRW 1,00,000, and since that time, D began to move into and live in the said apartment, it had resided from July 2015.

Article 13 (2) of the A Apartment Management Rules provides that "where a tenant rents a house owned by him/her to a user, the relevant tenant shall be liable for the overdue portion of the management fee, user fee, etc., and attached Table 7 of the same Management Rules sets the overdue rate of the management fee as follows.

C, the lessee of the apartment complex of this case, as stated in the record of the unpaid management expenses in attached Form 15 15 15 15 15 20, 12 above 23 4 5 6 7 8 9 10 112, 25 2 5 10 10 10 10 5 10 10 5 15 15 15 20, the overdue month of this case, 12 2,734,040 won for the apartment complex of this case from October 2012 to July 2015 and 439,960 won for the management expenses for the apartment complex of this case, and D, the lessee of the apartment complex of this case of this case of this case 312, did not pay to the Plaintiff the management expenses for the apartment complex of this case from September 2012 to July 2015, 2017

The plaintiff is a lessee of the case Nos. 312 and 1302.