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(영문) 의정부지방법원고양지원 2016.01.15 2014가합56072

청구이의

Text

1. The Defendant’s payment order for the management expenses claim against the Plaintiff is the order for the Goyang District Court 2014 tea 3303.

Reasons

1. Basic facts

A. The Defendant is a corporation for the purpose of managing multi-family housing and building facilities, and was a person who entered into a service contract with Nonparty B commercial building numbering Nonparty 1, the managing body of the building listed in attached Table No. 1 (hereinafter “instant building”) on the facilities, expenses, and U.S. dollars of the instant building, and the Plaintiff was awarded a successful bid on August 20, 2013 (hereinafter “instant successful bid”) on each real estate listed in attached Table No. 2 (hereinafter “instant real estate”).

B. Of the management rules on the instant building (hereinafter “instant management rules”), the contents relating to the instant case are as follows.

Article 14 (Public Charges and Public Charges)

1. With respect to the occupants who fail to pay the management expenses, the late payment charges shall be added;

Provided, That the following measures may be taken for the occupants (user, owner), management occupants, and representative operators who have been in arrears on at least three consecutive occasions:

(1) Where it is impossible to make a final attempt due to the collection of the outstanding amounts of management expenses, user fees and long-term repair appropriations, (2) Where it is impossible to do so, a successor resident shall be liable to succeed to and pay the relevant store when verifying real estate and property rights.

C. At the time of the successful bid, each of the instant real estate was in the status of cutting electricity and water measures due to the delinquency in the management expenses of Nonparty C (the pertinent real estate prior to the bid of this case). After the bid of this case, the Plaintiff requested to notify the details of imposition of the management expenses, and did not pay the unpaid common area management expenses and the management expenses for the unpaid exclusive common area after the bid of this case for each of the instant real estate, but did not pay the unpaid common area management expenses and the management expenses for the unpaid exclusive common area after the bid of this case. The Defendant did not take the entrance of each of the instant real estate and take measures for closure.

Meanwhile, the Defendant from October 5, 2012 to January 10, 2013.