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(영문) 수원지방법원 2019.06.20 2018나3127

미납관리비

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

Claim:

Reasons

1. A building in C, D, E, F, or G (hereinafter “each of the instant buildings”) is an aggregate building consisting of a household of 187 households from Hdong to 1 Dong, Jdong, and 8 household units from Jdong to 8 household units.

Before the enforcement of the former Housing Act (amended by Act No. 12959, Dec. 31, 2014) (amended by Act No. 13474, Aug. 11, 2015) (amended by Act No. 13474, Aug. 12, 2016), the Plaintiff prescribed matters concerning the management of multi-family housing in the Housing Act.

As a council of occupants' representatives organized pursuant to the above, the general management expenses, electric utility charges, water charges, etc. incurred in the management and operation of each building of this case have been divided by the proportion of the whole area of each sectional owner's ownership to the sectional owner of the building of this case, occupants, etc.

Although the Plaintiff urged the Defendant to pay the management expenses several times, the Defendant did not pay the management expenses under L-ho, which the Defendant resided among each of the buildings of this case from January 2017 to October 2017.

The main contents of the management rules for each of the buildings in this case (hereinafter referred to as the "management rules") are as follows:

An occupant who moves into a building "A" under Article 4 shall have the right to use the common facilities officially as prescribed by this Code.

A person shall not engage in any conduct harmful to the preservation of buildings and facilities and shall have the duty to pay management fees or user fees for the benefit of the use of common facilities.

4-2 The management office that succeeds to the rights and obligations shall have the claims for management expenses, usage fees, allowances for long-term repair, etc. (hereinafter referred to as "management expenses") against a person who succeeds to the status of an occupant.

Article 8 Management expenses and expenses to be borne by the buildings and facilities in the complex, and the user fees shall have the responsibility for payment by sectional owners or occupants.

8-1 Management expenses.