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(영문) 서울동부지방법원 2020.02.20 2018가단122039

관리비

Text

1. As to KRW 146,492,606 and KRW 141,307,206 among the Plaintiff, the Defendant shall be from April 21, 2018 to June 5, 2018.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company entrusted with the authority to impose and collect management fees by concluding an entrustment contract with C management body comprised of all sectional owners of the Seoul Gwangjin-gu Seoul Metropolitan Government Condominium Building (hereinafter “instant building”) and the Defendant is the second floor D (hereinafter “instant real estate”). The instant real estate is registered as one real estate among the instant buildings on February 13, 2018, and E, the former owner of the instant real estate, was used as one real estate of “D” from December 2016 to January 2017, used as three divided stores of “Fho Lake, Gho, and H” for two months from December 2016 to January 2017, and was divided into three divided stores of “Fho Lake, Hho, and H” from February 13, 2017 to nine divided stores of “I through Jho-ho,” and acquired as a public auction.

B. Of the regulations on the management body of the instant building and the collection of delinquent management expenses, the part relating to the instant case is as follows.

C Section 6 (Rights and Duties of Section 6) of the Regulations of the Management Body shall have the following rights and duties:

5. The rights and obligations under Article 7 (Succession to Rights and Obligations) shall automatically be succeeded to the person who succeeds to the status of the owner due to a change in ownership on the registry.

Article 9 (Rights and Duties of Possessor)

2. The possessor shall have the same obligation to be borne by the sectional owner in relation to the use of the building, site or annex facilities according to the regulations or the meeting of the management body and the resolution of the representative committee;

Article 10 (Joint and Several Obligations) Obligations such as Management Expenses to be borne by sectional owners or occupants (hereinafter referred to as " sectional owners, etc.") to the management body or manager shall be jointly and severally liable by the relevant sectional owners, etc.

Article 50 (Administrative Fines such as Management Expenses)

1. A sectional owner, etc. shall pay management expenses under Article 47 by the deadline determined by the manager;