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(영문) 서울중앙지방법원 2018.08.14 2017가단5136231

관리비

Text

1. The Defendant shall pay to the Plaintiff KRW 118,524,530 and the interest rate of KRW 15% per annum from July 20, 2017 to the day of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff is the manager of the management body of the building E, which is the second class neighborhood living facilities of the 10th floor of reinforced concrete building building in both sides C and D, and amusement facilities, and is managing the building above E from May 2005.

B. Of the E Commercial Building Management Regulations, the content of the instant case is as follows.

Article 16 (Authority, Duties, etc. of Custodians)

5. Imposition and collection of management expenses, etc., adjustment of use and late payment charges, and disposal Article 27 (Management Expenses, etc.) (1) Management expenses shall be the sum of the following items, referring to the items, and the amount to be borne by calculating and collecting charges according to the total area of the aggregate building register:

1. General management expenses, personnel expenses for building management, 2 building management, electricity charges, 3 electricity charges, 4 water charges, 5 maintenance and construction expenses, 6 insurance premiums, 7 repair and maintenance expenses, 8 repair and maintenance expenses, 9 long-term repair reserve funds, and Article 28 (Collection of Management Expenses, etc.) (1) The payment notice for collection of collected money, such as management expenses, shall be notified as the 17th day of each month during the payment period, specifying the items

(2) Management expenses, etc. shall be collected on the following month after the settlement of accounts each month, but where the payment period falls on a legal holiday, the first working day.

Article 29 (Late Payment Rates, etc.) (1) The overdue rate of management expenses, etc. shall be imposed and collected by applying 3% per month after the payment date to the principal.

C. On April 23, 2008, the Defendant acquired the ownership of the F in the building E, and acquired the ownership of the Gho Lake and 12 units in the building E, and entrusted the ownership to H Co., Ltd., and the management expenses for the houses trusted to H Co., Ltd. were registered.

The defendant did not pay the management expenses of the E-building F and G units, and 12 units (hereinafter “each of the units of this case”), and the list of delinquent management expenses shall be as follows:

GI JF K L [based for recognition] without dispute, entry in Gap evidence 1 to 10, the purport of the whole pleadings

2. The Parties.