관리비
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff is a management body established for the management of Busan Seo-gu D Commercial Building (hereinafter “instant commercial building”).
B. On January 6, 2012, Defendant B entered into a contract (a security deposit of KRW 5,00,000, monthly rent of KRW 400,000, and the sublease period of KRW 36 months; hereinafter “instant sublease contract”); Defendant B’s children, under the instant sublease contract, jointly and severally guaranteed Defendant B’s obligations under the instant sublease contract.
[Ground of recognition] Unsatisfy, Gap evidence 1, 10, 13, the purport of the whole pleadings
2. The Defendants’ determination as to this safety defense is doubtful that E is the Plaintiff’s representative, and therefore, according to the evidence Nos. 10 and 11, E is recognized as being legally elected at the Plaintiff’s ordinary general meeting held on December 16, 2014 and December 16, 2016, and thus, the Defendants’ main safety defense cannot be accepted.
3. Determination as to the claim against the defendant B
A. The Plaintiff’s assertion that Defendant B is unpaid KRW 27,150,004 of the instant store’s management expenses from July 6, 2013 to April 30, 2016, and thus, the Plaintiff’s assertion is seeking payment.
B. According to the evidence No. 1-1 of the judgment, Article 14 of the Plaintiff’s articles of incorporation provides that the person liable for the payment of management expenses shall be a sectional owner or a sectional owner’s lessee. Article 15 provides that “Lease occupant” shall be defined as a “person who has occupied a sectional owner under a lease agreement with a sectional owner and reported to A management office,” and the relevant sectional owner shall pay the unpaid management expenses if the tenant did not settle the unpaid management expenses.”
On the other hand, according to the evidence No. 13, Defendant B, the sub-lessee under the sub-lease contract of this case, agreed that he bears the obligation to pay management expenses to sub-lease E.