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(영문) 대전지방법원 서산지원 2018.01.30 2017가단2559

관리비

Text

1. The Defendant: (a) KRW 96,596,600 for the Plaintiff and KRW 5% per annum from July 27, 2017 to January 30, 2018; and (b).

Reasons

1. In full view of the purport of the argument in the evidence No. 1 and evidence No. 2 as to the cause of the claim, the plaintiff is the management body of the apartment of this case as the council of occupants' representatives of Jin-si A apartment (hereinafter "the apartment of this case"), and the defendant is a corporation established for the purpose of housing construction business, lease business, etc., and is holding the part of exclusive use as stated in the separate sheet among the apartment of this case among the apartment of this case. There is no dispute between the parties that the defendant did not pay to the plaintiff the sum of the management expenses and late payment fees for the part of exclusive use of the apartment of this case owned by the defendant as shown in the separate sheet, from August 2015 to March 2017.

2. As to the defendant's argument

A. The defendant asserts that part of the part of the part of the part owned by the defendant is leased and used by a third party, and that the lessee should claim management fees and late payment fees. However, according to the evidence above, Article 13(2) of the apartment management rules of this case provides that if the tenant leases the house owned by him/her to the user, the tenant is responsible for the overdue portion of the management fees and the user fees (the above management rules conform to Article 23(1) of the apartment house Act), and the above argument by the defendant

B. The defendant asserts that some of the management expenses and arrears claimed by the plaintiff were repaid.

In full view of the purport of the whole arguments in the statement in the evidence Nos. 1 through 7 above, 2,590,360 won in total of the management expenses and the amount in arrears stated in the below table among the plaintiff's claims can be recognized.

The amount of claims filed by the Plaintiff for exclusive use (won) from November 201, 2016 to March 3, 2017, the management expenses and late payment fees from 826,760, May 31, 2017, 826,760 Dhos 173, 173, 170, 173, 173, 180 E, 283, 180 E, 109, 107, 109, 240, June 24, 2017, 209, and 109, 240, June 24, 2017, to March 31, 2017;