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(영문) 부산지방법원 2016.06.22 2015가단215799

관리비

Text

1. Each month, among the Plaintiff’s claims against Defendant C, from May 1, 2016 to the completion date of delivery of the real estate indicated in the separate sheet.

Reasons

1. Basic facts

A. The management rules, etc. of this case are 1) The Plaintiff is the management body of the 19th and the 5th underground floor A building located in Busan Dong-gu (hereinafter “instant building”). The instant building is divided into 13 sectional sections. (2) Defendant B was the sectional owner of the instant building No. 301 until July 15, 2013, occupied by the E Center, and Defendant C was the sectional owner of the instant building from December 19, 2005 to the date of closing argument.

3) On March 7, 2012, the general assembly was held to organize the joint management body of the instant building. On September 4, 2012, an extraordinary general meeting was held, and the management rules were enacted with the consent of ten persons among the 13 sectional owners (hereinafter “instant management rules”).

(1) Of the instant management rules, the part relating to the claim in this case is as follows. Article 8 (Qualifications, etc. for Section 1) (1) The entitlement of sectional owners is effective when the ownership of the section for exclusive use is acquired and its ownership is lost. Article 10 (Duties of Occupancys, etc.) of the Act shall be borne monthly by occupants. Article 23 [managing Body] A B/D management office. Article 24 [Duties of Managing Body] is a good manager in accordance with the management rules, management regulations, and matters determined by the management committee. Article 25 (Duties of Managing Body) shall perform the following duties:

3. Collection of management expenses and fees;

B. Defendant C did not pay management expenses from around 2010 to the closing date of the instant argument, and Defendant B did not pay management expenses until July 15, 2013 with the change of sectional owners. (2) The Plaintiff held several meetings to recover the long-term unpaid management expenses on several occasions, and around February 17, 2014.