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(영문) 창원지방법원 2015.06.09 2014가단1587

관리비

Text

1. The defendant shall pay to the plaintiff KRW 25 million.

2. The costs of the lawsuit are assessed against the defendant.

3.Paragraph 1.

Reasons

1. Determination on the cause of the claim

A. The following facts can be acknowledged in full view of the following facts: (a) there is no dispute between the parties; or (b) evidence Nos. 1 to 6; and (c) evidence No. 1.

1) On July 1, 2011, the Defendant: (a) from D to D in the name of C, Kimhae-si A 601 (hereinafter “instant commercial building”).

(2) On January 21, 2013, when the term of the lease was fixed from June 1, 2011 to May 31, 2013, the private teaching institute called “E” was operated in the above commercial building. On January 21, 2013, the ownership transfer registration for the instant commercial building was completed due to the sale in the future of the punch Design Co., Ltd., and on the same day, the ownership transfer registration for the said commercial building was completed due to international trust in the future of the International Trust Co., Ltd. (hereinafter referred to as “International Trust Co., Ltd.”). Meanwhile, the Plaintiff has the authority to impose and manage management fees (Article 26 of the management rules). According to the Plaintiff’s management rules, under the Plaintiff’s management rules, the first and second owners are liable to the lessee, and the second owners are liable to the owner.

(Article 6(2) of the same Code. 3 The defendant returned the commercial building of this case on May 31, 2013, which is the expiration date of the lease term, and until that time, the unpaid management expenses of the commercial building of this case are equivalent to KRW 25 million.

B. According to the above facts of recognition, the defendant is obligated to pay the unpaid management expenses of KRW 25 million to the plaintiff.

2. The Defendant brought a lawsuit against D, a lessor of the instant commercial building, seeking the return, etc. of the deposit for lease, and the punch design Co., Ltd. in that case claimed the deduction of management expenses. The claim was accepted as it is and the amount equivalent to the management expenses to be paid to the Defendant is deducted from the deposit for lease, and in this case, the Defendant is ordered to pay the management expenses.