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(영문) 서울중앙지방법원 2015.06.03 2015나6042

관리비

Text

1. Of the part against the plaintiff in the judgment of the court of first instance, the part of the claim for management expenses of 201 against the defendant is as follows.

Reasons

1. Determination on the cause of the claim

A. The fact of recognition is a commercial building from the third to the fourth above ground among the buildings with the third underground and nine above ground floors in Seongbuk-gu Seoul Metropolitan Government (hereinafter “instant commercial building”).

A management organization established around June 22, 2001 by the co-owners of the instant commercial building as part of the management of the instant commercial building, which is jointly owned pursuant to Article 265 of the Civil Act (hereinafter “instant management organization”) concluded a service contract (hereinafter “instant service contract”) with the Plaintiff on August 2, 2008, setting the contract term as between August 2, 2008 and July 30, 201 with respect to the management of the instant commercial building portion. However, the instant service contract was terminated on November 3, 2011.

(1) Under the instant service contract, the Plaintiff collected general management expenses (charges collected by the Plaintiff as necessary for the maintenance and management of the building) from the occupant (owner or possessor and the occupant under the lease contract) and used them. (2) The service expenses (general management expenses, and the expenses paid as the service expenses imposed by the Plaintiff as necessary for the management of the building) are set at KRW 15,00,00. (3) The Plaintiff did not have the responsibility to collect unpaid management expenses incurred before the instant service contract, but the instant management organization grants the Plaintiff the right to receive unpaid management expenses. (4) The instant management organization grants the Plaintiff the duty to pay the unpaid management expenses. However, in the case of lease and lease occupancy, the Plaintiff bears the obligation to pay the unpaid management expenses for the occupancy period. (5) The management expenses shall be paid by the occupant by the end of each month, but the unpaid amount shall be paid by the end of each month, including late payment charges equivalent to 5% in arrears equivalent to 2.24% in arrears.

참조조문