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(영문) 부산지방법원 2016.10.18 2016가단659

관리비등

Text

1. The Defendant: KRW 70,974,219 for the Plaintiff and KRW 5% per annum from December 4, 2015 to October 18, 2016.

Reasons

1. Facts of recognition;

A. The Plaintiff is a corporation that registered the establishment of a superstore pursuant to the former Distribution Industry Development Act (amended by Act No. 5833, Feb. 8, 1999) on April 15, 1999 with the consent of 2/3 or more of the shop occupants, such as sectional owners and shop owners, with respect to the A commercial building located in Busan and 14 lots, Busan and Seo-gu, Busan (hereinafter “instant commercial building”).

B. At the time of the registration of the establishment of the superstore, the Plaintiff enacted the instant management rules with the consent of at least 2/3 of the occupant-merchants of the instant commercial building (hereinafter “instant management rules”). A sectional owner is obligated to bear expenses, etc. incurred in the maintenance of buildings and business management-related common interests (Article 6 Subparag. 7), and accordingly, bear all the expenses incurred in the management of common areas, etc. (Article 35), and accordingly, bear all the expenses (management expenses) in accordance with the imposition standards (Article 35), and the person who received the transfer of ownership on the certified copy of the registry automatically succeeds to the said rights

C. On July 17, 2015, the Defendant received each successful bid from the stores Nos. 1 through 14 of the following table (hereinafter “instant stores”) in the Busan District Court D’s auction procedure for real estate rent, and paid the price in full. At the time, each of the said stores remains the management fee for delinquent common areas of KRW 80,077,929 in total as indicated below.

8. Number 12.8. Number 12.8. Number 13. 4. 8. 8. 8. 8. 8. 8. 8. 8. 8. 8. 8. 8. 8. 8. 8. 8. 8. 8. 8. 40. 3. 8. 8. 8. 8. 4. 8. 1. 8. 1. 8. 4. 8. 1. 8. 1. 4. 8. 1. 8. 8. 4. 1. 8. 1. 8. 1. 450 3,701, 160 3. 3. 6. 8. 16. 8. 4. 1. 8. 109, 109 8. 428. 8, 453 1. 8. 16. 14. 17. 18