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(영문) 서울중앙지방법원 2016.05.24 2014가합593460

공실관리비 청구의 소

Text

1. The Defendant’s KRW 102,388,794 as well as 5% per annum from November 16, 2014 to December 31, 2014 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a managing body established with all sectional owners pursuant to Article 23 of the Act on the Ownership and Management of Aggregate Buildings with respect to a building A, an aggregate building of six underground and eleventh floor size, located in Jung-gu, Seoul (hereinafter “instant building”), located in B, and the Defendant is a sectional owner of the second underground floor of the instant building (hereinafter “instant building”).

B. The Defendant unpaid the management expenses of the instant building from November 201 to October 2014. The Defendant unpaid the management expenses imposed each month on the instant building, and based on Article 39(2) of the unpaid management expenses and the late payment charge Plaintiff’s management regulations.

The sum of the amounts is KRW 102,388,794 as listed below:

The unpaid amount of late payment charges of heading rooms (won) shall be 14,601,586 425,804,804 15,027,390 underground24, 15,71,771, 452,346, 15,964, 117 underground26, 15,511, 1725, 251, 771452, 346, 15,964, 117 underground26, 15,511, 771452, 3464, 1727, 17276, 42726, 829, 15728, 5728, 15728, 5728, 15728, 15728, 197, 27147, 1984, 27194

C. On August 2006, the Plaintiff held an inaugural general meeting on the Plaintiff’s custodian status and appointed C as a custodian. 2) On May 14, 201, at the temporary management body meeting of the instant building held on May 14, 201, a resolution was adopted to dismiss C who is the Plaintiff’s manager and appoint D as a custodian.

3) As the legal dispute between C and D continues to exist over the legitimacy of the resolution of the above provisional management body meeting, D’s performance of duties was suspended, and E was appointed as a temporary manager on October 11, 201, but on September 10, 2013, the court’s final decision that the said resolution was lawful was rendered on September 10, 2013 (Seoul Central District Court 201Kahap1309, 201Kahap213, Seoul High Court 2012Ra739, Seoul High Court 2012Ra739, and Supreme Court 2013Ma1912D returned to the status of the custodian.

Plaintiff

In this case, other companies.