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(영문) 창원지방법원 2017.01.19 2016가합53923

관리비

Text

1. The Plaintiff:

A. Defendant B: (a) 229,391,590 won and 1) 141,158,000 won, Defendant B’s 229,391,590 won and 2) 88,23.

Reasons

In fact, on July 1, 2015, the Plaintiff as the party to the contract entered into an entrustment contract for the construction of marina and the management of commercial buildings with the company holding a majority of the shopping districts of this case, as the construction implementer of E (hereinafter “instant commercial buildings”), which is the main store of the D apartment and the partitioned building, and is a corporation performing management affairs including the imposition and collection of management expenses for the sectional owners, etc.

Defendant B is a sectional owner who completed the registration of ownership transfer with respect to the instant store on August 22, 2014, among the instant commercial buildings from the Frima Construction Co., Ltd. on July 1, 2014, by selling in lots B201, B202, B301, and B302 (hereinafter “instant store”).

Defendant C is a person who is operating a sports facility with the trade name “F” by leasing Nos. 2201, 202 from Defendant B.

Article 2 of the Management Rules [Effect of Management Rules and Management Rules] (2) The Management Rules shall apply to all sectional owners, lessees and occupants of the commercial buildings in this case.

(3) The management affairs of the commercial building of this case shall be conducted in the bonded construction corporation, the business entity of which is the business entity, until the composition and transfer of the management body.

Article 4 [Matters to be Observed by Sectional Owner] (5) Article 5 [Matters to be Observed by tenant and occupant] of the obligation to pay management expenses, tenant and tenant shall fulfill the obligation under Article 4 jointly with the sectional owner.

Article 6 [Succession to Rights and Obligations and Obligation] (1) The rights and obligations under this management regulations shall be automatically succeeded to a person who succeeds to ownership in the register.

Article 29 [Management Expenses] (1) A sectional owner, tenant, and tenant shall jointly and severally pay management expenses to the Management Committee each month.

(2) Management expenses shall include all the expenses disbursed for the management of the commercial buildings and facilities of this case.

Provided, That the repair and maintenance expenses of the section for exclusive use shall be borne by the sectional owner, and not included in management expenses.

(3) The calculation period of management expenses shall be monthly.