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(영문) 서울서부지방법원 2019.05.03 2018나2275

관리비등

Text

1. The judgment of the court of first instance is modified as follows.

The Defendants jointly share the Plaintiff KRW 24,723,400 and 7.0 thereof.

Reasons

1. Basic facts

A. Yongsan-gu Seoul Metropolitan Government D (hereinafter referred to as the “instant condominium”) consists of 28 rooms on the 7th underground floor size, the 7th underground floor size of the ground, and among which E owns F and G, 16/100 of H ownership, 24/100 of the I-owned equity, 30/200 of the J-owned equity, 30/200 of the K-owned equity, 15/100 of the L owned equity, 15/100 of the M-owned equity, 15/100 of the M-owned equity, and 15/100 of the M-owned equity, and 15/100 of the M-owned equity, and 5/10 thereof, and 5, W, X, and Y or Z jointly owned by the Defendants.

B. The Plaintiff is a management body consisting of sectional owners of the instant aggregate building, and operates a building management and parking lot. The Plaintiff is imposing monthly management fees on the sectional owners in proportion to the share ratio, the portion that can be inspected, and the portion that cannot be inspected, and the common expenses are imposed on the sectional owners in proportion to the use area ratio.

C. The Plaintiff’s management expenses under the management rules dated June 20, 2012 are imposed on the last day of each month, and the due date for payment is the due date for the following month. The interest rate for delay after the due date was 2% per annum per month, 2% per month, 4% per year, and 7% per three months from the due date. The amendment of the management rules made on October 31, 2017, the rate for delay was 2% per year from the due date to the due date, 4% per annum by the two months from the due date, 7% per annum by the three months from the due date, 10% per annum by the six months, and 20% per annum from the date on which six months elapsed.

The amended management rules shall be set to apply from October 31, 2017. D.

The Defendants did not pay management expenses from January 2015. The Defendants’ unpaid management expenses from January 2, 2015 to December 2017 are KRW 24,723,40 (i.e., KRW 7,861,370, KRW 8,783,410, KRW 8,078,620). The details are as follows.

(Unit: 417,500,500 38,000 28,000 28,000 833,500 on January 4, 2015; 417,50 216,50 216,00 on March 417, 2015; 417,50 216,50 41,000 674,500 674,500 on April 417, 2015; 160 160,1057,60 57,600 on May 417, 2015; 6015; 62,6200.