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(영문) 대전지방법원 2019.08.27 2018나3289

관리비

Text

1. The defendant's appeal is dismissed.

2. Upon the plaintiff's addition by this court, the defendant 1,863.

Reasons

1. Facts of recognition;

A. The Plaintiff is a management body of an officetel of three underground floors and a 13-story aggregate building in Seo-gu Daejeon-gu, Daejeon-gu (hereinafter “instant officetel”).

B. On May 19, 201, the Defendant acquired the ownership of the instant officetel 12 story D (hereinafter “instant partitioned building”) during the voluntary auction procedure.

C. The main content of the management rules of the instant officetel is as follows.

Article 9-2 [Calculation Basis of Management Expenses] (1) Calculation Form: The area of sale of a building (the area of exclusive ownership = the registration number) = the area of sale of a building converted into the total area ratio.

(2) Where the management committee of a managing body deems it necessary, it may add expenditure items and pay a certain amount of business promotion expenses to the manager every month.

Article 36 (Management Expenses, etc.) (1) The management expenses shall be the sum of the monthly amounts for the following items, and the composition details and methods of calculating them shall be prescribed by the Decree on the Management of Multi-Family Housing and attached Table 2, and the method of calculating the amount to be borne by each unit shall be governed by the principle on the user's burden

1. General management expenses;

2. Cleaning expenses;

3. Deleted ( March 25, 2002);

4. Disinfection expenses;

5. Maintenance expenses for entrance fees;

6. Heating and cooling expenses;

7. Expenses for hot water supply;

8. Repair and maintenance expenses (including expenses for cleaning air-conditioning and cooling facilities, expenses for cleaning clean water, expenses for audience assignment and sewage purification facilities, expenses for maintaining TV subscription facilities jointly used, expenses for maintaining satellite antenna facilities, etc.). (2) The management authority shall not collect management expenses under any pretext other than those provided for in the subparagraphs of paragraph (1).

Provided, That the same shall not apply to cases where fees, such as insurance premiums, liftings, electricity (including electricity for the joint-use facilities), water (including the joint-use water), gas or gas, TV receiving fees, etc. are collected for the whole buildings under Article 14.

(3) The managing body may impose a user fee for the facility designated by the managing body's operating committee on the user of such facility.

(4) A management entity shall be.