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(영문) 인천지방법원 2015.11.24 2013가단73918

관리비

Text

1. The Defendant’s KRW 71,271,150 for the Plaintiff and its related KRW 5% per annum from November 1, 2012 to September 24, 2013, and September 25, 2013. < Amended by Presidential Decree No. 24775, Sep. 25, 2013>

Reasons

1. Basic facts

A. The Plaintiff is an organization composed of two underground floors and seven above ground floors A in Gyeyang-gu Incheon (hereinafter “instant building”) for the management of the building.

B. On April 27, 2009, the Defendant purchased the whole sixth floor of the instant building (as set forth in subparagraphs 601 through 609, referred to as the “six storys of the instant building”) and completed the registration of ownership transfer on May 11, 2009, sold it to C on December 9, 2009, and completed the registration of ownership transfer in the name of C on December 24, 2009. However, the Defendant purchased it again in the procedures of voluntary auction on October 17, 2012 and completed the registration of ownership transfer in the name of the Defendant on October 24, 2012.

C. Meanwhile, the main contents of the articles of incorporation of the building management rules of this case are as follows.

Article 8 Effectiveness of the Provisions

1.The provisions shall have effect on any person who succeeds to the status of the owner and the occupant.

Article 13 Payment of Management Expenses

1. The shop occupants located in the commercial building must pay the management expenses.

2. The management expenses shall be calculated based on the calculation criteria for the management body;

3. The imposition of management expenses shall be notified to the owner or lessee of the total monthly management expenses calculated in accordance with the calculation method of management expenses under Article 13 (2), and the notified person shall pay it to the financial institution designated by the management body by the due date.

7. The owner or user shall bear management expenses calculated regardless of the occupancy occupants.

8. The management expenses shall be classified as follows:

(1) Costs for joint management: Costs for joint management, such as general management expenses (including expenses for office management), statutory management expenses (electric safety management, maintenance and repair of elevators, fire safety control, septic tanks, cleaning and disinfection of water tanks, fire insurance premiums, and other expenses for the maintenance and management of commercial buildings).

1.The owner or user shall bear the following expenses for the management of the players: