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(영문) 서울서부지방법원 2016.05.12 2015나37416

관리비

Text

1. Of the judgment of the court of first instance, the part against the Defendants exceeding the money ordered to be paid under the following subparagraphs shall be revoked.

Reasons

1. Basic facts

A. The Yongsan-gu Seoul Metropolitan Government Building A (hereinafter referred to as the “instant condominium building”) consists of 28 rooms on the 7th underground floor size. Of them, D owns 101 and 102, E owns 201 to 205, 301 to 305, 401 to 405, and 201, and F as an incorporated foundation (hereinafter referred to as the “F”) 5, 6, 7 stories, and 103 to 109 jointly owned by the Defendants.

B. The Plaintiff is a management body consisting of sectional owners of the instant aggregate building, and operates a building management and parking lot. The part that can be inspected is conducted by inspection, and the portion that cannot be inspected is imposed and collected monthly management fees for sectional owners in proportion to the use area.

(c)Management costs shall be imposed on the last day of each month and the fifth day of the following month, and damages for delay after the due date shall be 2% per annum per one month after the due date, 4% per two months, and 7% per three months.

The Defendants did not pay management expenses from May 2012. From May 2012 to October 2012, the Defendants did not pay management expenses. 3,649,543 won from May 2012 to October 2012; 688,897 won from November 2012; 635,294 won from December 2012; and 5,813,63 won from January 2013 to October 2013; 597,837 won from November 2013; 52,917 won from January 1, 2014 to October 1, 2014; 106 won from January 1, 2013 to October 1, 2014; and paid management expenses. < Amended by Presidential Decree No. 24280, Oct. 16, 2014; Presidential Decree No. 24201, Oct. 10, 2018>

[Ground of recognition] Facts without dispute, each entry of Gap evidence 1 to 6 (including each number), and the purport of the body before oral argument

2. According to the above facts of recognition, the Defendants jointly committed the following acts: KRW 19,261,091 and KRW 3,649,543 of the management expenses in arrears from May 1, 2012 to October 1, 2012; KRW 7% per annum from February 1, 2013 to April 28, 2015, which is the delivery date of the complaint of this case; KRW 20% per annum from the following day to September 30, 2015; and KRW 3,649,543 from the following day to the date of full payment.