beta
(영문) 서울고등법원 2018.10.10 2018나2004411

관리비

Text

1. Of the judgment of the first instance, the part against the Defendants, including the modification of claims in this court, is as follows.

Reasons

1. Basic facts

A. The Plaintiff is a management body established pursuant to Article 23 of the Act on Ownership and Management of Condominium Buildings (hereinafter “the Act”) as members of all sectional owners of the first underground floor in Suwon-si Q and the fourth apartment building A (hereinafter “instant commercial building”) which is an aggregate building of the fifth floor above ground.

B. Defendant B’s sectional owners under 101 among the instant commercial buildings; Defendant C’s sectional owners under 102 among the instant commercial buildings; Defendant D’s sectional owners under 103, 104, and 105 among the instant commercial buildings; Defendant E’s lessee under 103, and 104 among the instant commercial buildings from December 201 to June 2016; Defendant F’s sectional owners under 106 among the instant commercial buildings; Defendant G, and H shared one-half shares of 108, and one-half shares among the instant commercial buildings; Defendant J from November 2010 to May 201, 201, and Defendant C’s sectional owners under 109 among the instant commercial buildings.

[Judgment of the court below] The ground for recognition is without merit, Gap evidence Nos. 1 and 2, and the ground for appeal

2. Determination

A. Of the instant commercial buildings in which the Defendants, the sectional owners or lessees of each of the above units, among the above units of commercial buildings, are liable to pay the Plaintiff the unpaid management fees as stated in the “amount of the monthly payment” column, and the corresponding “amount of the monthly arrears” column, among the details of the unpaid management expenses of the Defendants, may be acknowledged according to the respective entries in the attached Table Nos. 3, 6, 13, 42, 49, and 53 (the number of pages is included; hereinafter the same shall apply) and the purport of the entire pleadings.

(The sum of the above-paid management expenses and late payment charges shall be the same as the "amount after the due date" of the details of the unpaid management expenses of the Defendants. (b)

Defendant H’s assertion on Defendant H’s defense of set-off amounting to KRW 47,897,800 on the instant commercial building from March 201 to March 2013, 201, Defendant H paid to the Korea Electric Power Corporation totaling KRW 47,897,800.

This is the Korea Electric Power Corporation.