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(영문) 서울중앙지방법원 2020.02.12 2019나38719

관리비 등

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal are assessed against the defendant.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. In Jongno-gu Seoul Metropolitan Government D, “E” is an individual entrepreneur who is engaged in building and parking management business, and the F building is an aggregate building under the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Aggregate Buildings Act”), and the Plaintiff entered into a management agreement with the said F building management committee on April 26, 201 under which the said F building management committee delegates the authority to impose and collect management fees in the Plaintiff’s name to the occupants of the said building, and renewal of such agreement.

B. On October 29, 2012, H, the owner of the said F building I and J, entered into a lease agreement with the Defendant on the first floor, I and J of the said building (hereinafter “instant building”) with a deposit amount of KRW 20,000,000, monthly rent of KRW 1,800,000, and the term of lease from May 15, 2012 to May 14, 2013, and operated the restaurant of “G” from May 2012 to May 14, 2012.

C. Around April 22, 2013, the Defendant filed a report on the closure of business with respect to the above restaurant. However, until June 2013, the Defendant operated the above restaurant. The Defendant did not pay KRW 21,538,000 in total of the water, gas, and management fees from May 15, 2012 to June 2013 regarding the instant building.

【Ground for Recognition: Each entry in the evidence of Nos. 1 through 24 and the purport of the whole pleadings】

2. Determination

A. Inasmuch as the Plaintiff was delegated with the authority to collect management expenses from the F Building Management Committee, which is an aggregate building, the Plaintiff asserts that the Plaintiff is also entrusted with the authority to claim the payment of management expenses against the occupant, etc. who did not pay management expenses. Therefore, the Defendant is obliged to pay the Plaintiff management expenses KRW 21,538,00 and delay damages therefrom from May 2012 to June 2013.

In this regard, the defendant is ① because the F building is an aggregate building, it is management fee according to Articles 24 and 25 of the Aggregate Buildings Act.