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(영문) 부산지방법원 2018.04.20 2017나61560

관리비

Text

1. The defendant's appeal is dismissed.

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

3. The judgment of the court of first instance is subject to Paragraph (1).

Reasons

1. Basic facts

A. The plaintiff is an organization composed of occupants or users of Busan Jin-gu A apartment (hereinafter referred to as "the apartment of this case") and has performed management affairs such as receiving management expenses by appointing a general meeting and a president for the management of the apartment of this case.

B. The Defendant, as the owner of the instant apartment building 203 Dong 209, did not pay KRW 3,691,480 for the management expenses from June 2013 to April 2015, and accordingly, the late payment charges incurred KRW 786,850.

[Ground of recognition] Facts without dispute, Gap evidence 1-4, Eul evidence 3-6, the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. According to the above facts of recognition as to the cause of the claim, the defendant shall pay the plaintiff unpaid management expenses and damages for delay, unless there are special circumstances.

B. The defendant's assertion that it is improper for the plaintiff to claim management expenses from the lessee of this case 203 Dong 209, which the plaintiff had resided at the time, while neglecting to pay management expenses from U.S. lessee of this case.

According to the statements in the evidence Nos. 1 and 2, U.S. lease from the Plaintiff on May 13, 2013, 2013.

However, there is no evidence that the Plaintiff neglected to receive management expenses from U.S., and comprehensively considering the purport of the entire argument in the evidence, it can be acknowledged that Article 13(2) of the articles of association of the apartment of this case provides that "where a tenant rents a house owned by him/her to an user, the tenant shall be liable for the unpaid portion of management expenses, user fees, etc." Therefore, the defendant, the owner of the apartment of this case 203 Dong 209, is liable to pay the unpaid management expenses

Therefore, the defendant's argument is without merit.

C. If so, the defendant 4,481,060 won = Management Expenses unpaid to the plaintiff 3,691.