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(영문) 서울중앙지방법원 2015.04.02 2013가합38089

관리비

Text

1. As to the Plaintiff (Counterclaim Defendant)’s KRW 266,778,487 and the Plaintiff’s 214,644,627 among them, the Defendant (Counterclaim Defendant)’s Counterclaim Defendant’s KRW 266,78,487.

Reasons

1. The following facts, such as the relationship between the parties, are not disputed between the parties, or may be acknowledged upon considering the whole purport of the pleadings as a whole in each entry of evidence Nos. 1, 6, 7, 33, and No. 1, 2, 5, 6, and 11.

The plaintiff is a management body established pursuant to the Act on Ownership and Management of Condominium Buildings (hereinafter referred to as the "Act on Ownership and Management of Condominium Buildings") to manage A (hereinafter referred to as "the instant building") which is an aggregate building of 6 underground and 22 floors above ground constructed in Seoul Special Metropolitan City, Gwanak-gu and 2 lots.

B. The Defendant is a sectional owner who completed the registration of ownership transfer with respect to shares of 1/2 of each of the 1st and 6th underground floors and 6th above ground of the instant building.

C. The management rules for the instant building (hereinafter “instant management rules”) include the following provisions:

Article 5 (Joint and Several Obligations) Management expenses and various charges to be borne by sectional owners, lessees, or occupants to the management body or manager shall be jointly and severally liable by sectional owners, lessees, and occupants.

Management expenses shall be borne by the area of a sectional owner, lessee or occupant, and expenses for public interest, such as facilities management, expenses for facilities management, expenses for cleaning, parking, quarantine, prevention of epidemics, and other expenses for electricity, gas, water supply and drainage, heating, cooling, repair and maintenance, and public charges and public charges, fire insurance premiums, charges for traffic congestion, environmental improvement charges, user fees for public facilities, etc. shall be adjusted.

(1) The calculation period of management expenses shall be from the first day of each month to the last day of each month, and the due date for payment shall be the 15th day of each month

When the owner, lessee, and possessor of Dolled sectional owner, fails to pay management expenses or fails to pay the late payment charges on more than two consecutive occasions, the late payment charges incurred thereby shall be paid.

Article 30 (Obligation to Pay Management Expenses and Special Repair Appropriation Funds) In principle, the obligation of a sectional owner to pay special repair appropriation funds shall be liable.

Article 31 (Measures Taken by Person in Default of Management Expenses)