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(영문) 수원지방법원 성남지원 2018.08.31 2018가단4078

관리비

Text

1. The defendant shall pay to the plaintiff KRW 48 million.

2. The costs of the lawsuit are assessed against the defendant.

3.Paragraph 1.

Reasons

1. Basic facts

A. The Plaintiff is an occupant management committee comprised of sectional owners of the Subdivision Atel in Seongbuk-gu, Sungnam-si (hereinafter “instant officetel”).

B. From October 2015, the Defendant leased the 3rd floor S-331 of the instant officetel (hereinafter “instant shopping mall”) and operated a bath in the trade name of C. From October 2017, the Defendant unpaid management expenses for KRW 377,93,350 in total imposed on the Defendant by October 2017.

C. Relevant parts of the management rules of the instant officetel (hereinafter “the instant management rules”) are as follows.

[Case Management Rules] Article 2 (Definition of Terms) (1) The term "occupant" refers to the owner of the section of exclusive ownership of a building which is the object of sectional ownership.

(2) A lessee means a person other than an occupant who leases a building with the section for exclusive use.

(3) Residents, etc. shall collectively refer to owners, lessees, etc.

Article 4 (Management Organization) (1) In order to achieve the purpose under Article 1, occupants, etc. shall have a management committee of occupants comprised of residents and a management entity (referring to an autonomous management organization in cases of an autonomous manager, and a building management business entity

Article 11 (Duties of Residents, etc.) (3) Residents, etc. shall bear the management expenses, special repair reserve, etc. necessary for the maintenance and management of buildings every month.

Article 13 (Succession to Management Obligations) The management entity may also exercise the right of the person who has succeeded to the status of the occupant of the management fees, the user fees and the special repair reserve.

Article 31 (Management Expenses) (1) The management expenses shall be the sum of the monthly amounts of the following items, and the details of composition and calculation method thereof shall be prescribed in the Decree on the Management of Multi-Family Housing and attached Table 2, but the method of calculating the amounts to be borne by each household shall be in accordance with

(hereinafter referred to as "the management entity") (2) The management entity shall not collect management expenses under any pretext other than those prescribed in the subparagraphs of paragraph (1).

(b).