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(영문) 수원지방법원 2019.06.14 2018가단1588

관리비

Text

1. The Plaintiff:

A. As to Defendant B’s KRW 37,961,184 and KRW 18,253,596 among them, Defendant B’s KRW 37,961,18 and KRW 1,367,385.

Reasons

1. Facts of recognition;

A. The Plaintiff is a party’s position 1) On October 18, 2016, the Plaintiff is a party’s building E and F ground G (hereinafter “instant building”).

2) Defendant B shares 8/10 and Defendant C shares 2/10, among the section for exclusive use of the instant building, as to H-ho (hereinafter “instant building H-ho”) among the section for exclusive use of the instant building.

In addition, Defendant C shares 2/10 shares, and Defendant D shares 8/10 shares, among the sections for exclusive use of the building of this case (hereinafter “instant building I”).

B. The Plaintiff is obliged to pay the management expenses for the sectional ownership of the instant building by the 17th day of each month. The instant building management rules provide that “If a third party, other than a sectional owner, occupies or uses the exclusive ownership, a sectional owner bears the duty to make the final payment of electricity charges, management expenses, fire insurance premiums, safety inspection expenses, expenses, special repair reserve, players management expenses, etc.” (Article 12(4)). (2) Under the attached Table 1, unpaid management expenses for the instant building H head of the instant building [Attachment 1] are KRW 180,294,378 in total as indicated in the “management expenses” column of the “management expenses” among the “the details of overdue management expenses for the building H head of the G building,” and the late payment charges applying the delay rate under the Plaintiff’s management rules to each unpaid management expenses [Attachment 1].

Meanwhile, the Defendants or the Defendants leased Nos. H and I of the instant building (attached Form 1) paid the Plaintiff the sum of KRW 151,173,932 from March 17, 2010 to November 26, 2018, as indicated in the “the date of payment” and “the amount of payment” among the “the details of delinquent management expenses for G building H” (attached Form 1).

3) In addition, unpaid management expenses concerning subparagraph I of the instant building (attached Form 2 “management expenses” among “the details of delinquent management expenses” in attached Table 2.