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(영문) 대전지방법원 2016.12.09 2016나6925

관리비

Text

1. The plaintiff (Counterclaim defendant)'s appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Counterclaim Defendant).

purport, purport, and.

Reasons

Basic Facts

The plaintiff is a non-corporate body comprised of sectional owners in the Seo-gu, Seo-gu, Daejeon, and has been managing the A market in accordance with the management rules, and has been paid management fees from the owners or lessees of commercial buildings.

The management expenses shall be calculated on a monthly basis, and the management expenses for the preceding month shall be imposed on the following month, and shall be paid by the 30th day of the month when they are imposed.

The defendant purchased No. 6-2 of A market No. 1 floor on May 21, 1999 and completed the registration of ownership transfer on November 15, 199. On April 15, 2014, the defendant sold it to D and completed the registration of ownership transfer on April 18, 2014.

On May 21, 199, the defendant purchased the third floor Nos. 5 and 6 of the A market and completed the registration of ownership transfer on November 15, 199, and owns each of the above commercial buildings until now.

The details of the management expenses paid by the Defendant to the Plaintiff are the same as the ledger of the general account ledger of attached Table 2. Of them, the management expenses paid from September 2014 shall be paid by E who entered into a lease contract with the Defendant on the commercial buildings of the third floor Nos. 5 and 6 at that time, and the management expenses paid by E are identical with the management expenses claimed as shown in attached Table 3.

(hereinafter referred to as "the defendant shall be deemed to have paid management expenses). [The grounds for recognition] Where there is no dispute, Gap's items 1, 3, 4, 23 through 26, 30 through 32, 37, 38, Eul's items, Eul's evidence 5, and only some of the accumulated unpaid management expenses or the monthly charges are paid, which are alleged by the plaintiff as to the grounds for the determination of the claim of the main claim of the whole purport of the pleading, the management expenses paid shall be appropriated from the first unpaid management expenses.

The plaintiff imposed management expenses of KRW 62,044,557 on the defendant by July 2015, and the defendant paid KRW 37,174,637 among them, and did not pay the remainder of KRW 24,869,920.

Management expenses paid by the defendant, etc. 37,174,637 won shall be appropriated for management expenses up to the middle half of May 201, and the remaining unpaid management expenses shall be 24,869,920, the extinctive prescription period of three years shall be expired.