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(영문) 인천지방법원 2016.05.04 2014가합57903

관리비

Text

1. The Defendant’s KRW 254,059,110 as well as the Plaintiff’s annual rate of 5% from March 17, 2016 to May 4, 2016, and the following.

Reasons

1. Basic facts

A. On November 30, 2009, the Plaintiff entered into an entrustment management contract with D Management Body composed of owners of D, which is an aggregate building of 7 stories and 2 stories underground (hereinafter “instant building”) on November 30, 2009, the purpose of the contract is to maintain and manage facilities of the instant building and to conduct the management work of the instant building from around that time.

B. The Defendant’s acquisition of ownership 1) Limited Liability Company and its IM (hereinafter “EM”).

(2) On September 17, 2009, the previous 701 square meters (938.42 square meters) of the instant building was divided into 701 square meters (402.93 square meters), 702 square meters (34.44 square meters), and 703 square meters (the division registration was completed on September 25, 2009), and the registration of ownership was completed on October 1, 2009 by co-owners E and F, who completed the registration of ownership transfer on the same day as the grounds of trust on October 17, 2008.

3) Of the instant building, the Defendant purchased Nos. 701, G’s 702, and 703, which were owned by G, through a voluntary auction on June 5, 2014, and completed the registration of ownership transfer on the 16th of the same month (hereinafter collectively referred to as “instant store,” including the above 701, 702, and 703.

(c) The public use management fees imposed by the Plaintiff on the instant store from August 2006 to January 2016, including the imposition of public use management fees for the instant store, are KRW 39,027,660 as indicated in the following table, and each due date is the 25th day of the following month of the relevant year. Meanwhile, the Plaintiff imposed management fees by dividing the amount from January 201 to 701, 702, and 703. From August 2006 to January 2016, the public use management fees (won) are imposed on the instant store by dividing the amount from August 2006 to January 201: < Amended by Presidential Decree No. 19501, Aug. 14, 2006; Presidential Decree No. 22090, Jan. 29, 2010>