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(영문) 서울서부지방법원 2020.01.09 2019가합616

관리비

Text

1. As to KRW 932,370 and KRW 901,520 among the Plaintiff-Counterclaim Defendant, the Defendant-Counterclaim Plaintiff (Counterclaim Defendant) from December 15, 2018 to December 15, 2020.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. D Co., Ltd. (formerly: E Co., Ltd.) newly built and sold “A building” (hereinafter “instant building”) on May 2013, 201, which is a main complex of 20 stories above ground and 5 stories underground.

B. The above A.

G, the representative of a port company, constituted the Plaintiff, until the management body commences management pursuant to Article 9-3(1) of the Act on the Ownership and Management of Aggregate Buildings (hereinafter referred to as the “Aggregate Buildings Act”).

The plaintiff has been performing the management of the building since the construction of the building.

C. The instant building consists of a total of 526 households.

As a sectional owner who purchased a H-ho store, the Defendant runs real estate brokerage business in the name of “I” in the above store from July 2013.

On July 13, 2017, the Plaintiff publicly announced that general management expenses would be increased by 14.8% (the total amount including expenses, KRW 52,134,500, KRW 59,834,500) from July 2017 due to the increase in contract management service expenses.

Accordingly, the defendant did not pay management expenses from March 2018 on the ground that general management expenses were set unfairly high.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 7, 9, 10, Eul evidence Nos. 2 through 6, and 8 (including above numbers), the purport of the whole pleadings

2. The parties' assertion

A. The gist of the Plaintiff’s assertion is that the Defendant is obligated to pay to the Plaintiff KRW 1,305,430 in total and KRW 74,000 in late October 19, 2018, including management expenses from March 2018 to August 2018.

B. The plaintiff unilaterally notified that he would raise general management expenses, and did not report or explain about the appropriateness of management expenses set at 20 to 30% higher than other officetels in the vicinity.

Article 26 of the Aggregate Buildings Act and the Enforcement Decree of the same Act.