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(영문) 서울동부지방법원 2017.06.23 2016나23238

관리비

Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the subsequent order of payment shall be revoked.

The defendant.

Reasons

Basic Facts

The Gangdong-gu Seoul Metropolitan Government A shopping apartment is a main complex building with the first floor, the second floor, the second floor and the third floor through the 12th apartment.

(hereinafter “instant commercial apartment building”). The instant commercial apartment building consists of 180 stores underground, 129 stores for the first floor, 118 stores for the second floor.

(hereinafter “instant commercial building”). The instant commercial apartment building was newly constructed around December 1988 and was managed by Kangdong Co., Ltd. until December 1998.

The value-added tax on management expenses was collected in addition to the value-added tax on the management expenses, and the management of commercial buildings was abandoned and liquidated.

In March 198, sectional owners and lessees established the Plaintiff with the purpose of guaranteeing their property and right to live, protecting their common property and promoting their interests, which are the common property of each other.

The plaintiff, with the consent of sectional owners and lessees, established the articles of incorporation in March 1998, and appointed the chairperson, auditors and directors.

The plaintiff made management regulations around May 1998, and made an executive body called Amera Management Office under its control to perform its duties.

The business performed by the plaintiff is facility management, US dollars, business protection, parking management, receipt and resolution of civil petitions, etc.

The plaintiff opened an account under the name of the management office and received management expenses from the sectional owners and lessees, and paid each public charge under the name of the management office after obtaining a written notice of public charges, such as electricity, water and gas charges, and paid expenses related to the management of commercial buildings.

The Defendant is the owner who completed the registration of ownership transfer on October 5, 201 due to the sale on September 27, 201 with respect to No. 165 of the shopping mall No. 165.

Joint electricity charges, joint water supply charges, general management expenses, and general management expenses that the Defendant did not pay to the Plaintiff from August 2013 to July 2015, totaling KRW 5,480,040, and arrears totaling KRW 273,920.