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(영문) 서울북부지방법원 2015.06.02 2014나1766

관리비

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Comprehensively taking account of the overall purport of arguments in Gap evidence Nos. 1 to 7, 27, and 29 as to the cause of the claim, the plaintiff is an organization composed of the owner of commercial buildings and lessees for the purpose of efficient management of modern comprehensive shopping districts located in Seoul Special Metropolitan City, Nowon-gu, 434-2 (hereinafter "the shopping district of this case"). According to the management rules of the shopping district of this case, the plaintiff shall pay the total amount of the management expenses of the shopping district of this case, including electricity, water, gas, etc., to the occupants (Article 34) by adjusting actual expenses (Article 34), 5% for the first month, 10% for the second month, 15% for the second month, 10% for the second month, and 20% for the second month, and the defendant shall bear the late payment charges at the rate of 123 commercial buildings among the shopping districts of this case (Article 37) and 20% for the second month from the 2010 to the 3th day of July 219, 2019.

2. First of all of the judgment of the defendant's assertion, the defendant asserts that the above 123 commercial buildings are vacant rooms and there is no obligation to pay management expenses during the above period. Thus, according to the evidence mentioned above, the management expenses of this case imposed on the defendant is not related to electricity, etc. used by the defendant for his exclusive portion, but to the management expenses of this case pursuant to Article 17 of the Act on the Ownership and Management of Aggregate Buildings.