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(영문) 부산지방법원 2017.10.27 2016나10527

관리비

Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.

Reasons

1. Facts of recognition;

A. The plaintiff is the management body of the part of the commercial building A in Busan-gu, Busan-gu (hereinafter "the commercial building in this case"), and the defendant is the owner of the third floor 309 (hereinafter "the building in this case") from May 19, 2005 to May 19, 2005.

B. The Plaintiff imposed KRW 24,475,780 on the instant family room from October 201 to November 2014, 2014, as stated in the attached Form, including the amount of unpaid payment.

Each co-owner under Article 17 of the Aggregate Buildings Act shall bear the management costs of the section for common use and other duties, and gain profits accruing from the section for common use according to the ratio of his/her share, unless otherwise prescribed by the regulations.

Article 8 (Specific Obligations of Sectional Owners) (1) A sectional owner shall faithfully pay the management expenses for the maintenance and management of the commercial building.

Article 39 (Subject of Cost-Bearing, such as Management Expenses) (1) A person who bears all the expenses incurred in the use of buildings and facilities in a commercial building shall be as follows:

1. Management expenses: The occupant enterprise shall be paid;

2. Charges: Charges for expenses incurred in relation to the repair of a building for public use or a facility shall be shared by a sectional owner;

3. Long-term repair appropriations: They shall be paid by sectional owners and collected by adding up the management expenses notice;

(hereinafter omitted) Article 40 (Criteria for Calculation of Management Expenses, etc.) (1) The period for calculation of Management Expenses, etc. shall be from the first day of each month to

(3) The management expenses shall be collected including personnel expenses, electricity expenses, water supply and sewerage expenses, office management expenses, repair expenses, annual ordinary expenses, long-term repair appropriations, fire insurance premiums, and other expenses incurred in the management thereof.

It shall be calculated in accordance with the calculation method and collected in the following month.

The method of computation shall be divided according to the results of individual use, while the section for common use shall be divided according to the sale area.