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(영문) 서울동부지방법원 2020.05.19 2018가단121302

관리비

Text

1. The defendant shall pay to the plaintiff KRW 45,525,884 as well as KRW 34,319,030 among them, from June 18, 2019 to the day of full payment.

Reasons

1. Basic facts

A. The Plaintiff is a company that is entrusted with the authority to impose and collect management fees by concluding an entrustment contract with the D management body comprised of all sectional owners of the D’ Condominium in Gwangjin-gu Seoul Special Metropolitan City (hereinafter “instant Condominium”).

B. On March 12, 2018, the Defendant completed the registration of ownership transfer for each of 1/2 shares of the 26th E-F units on the ground of the instant aggregate building (hereinafter “instant real estate”) due to voluntary auction.

C. The part relating to this case among the regulations on the management body and the collection of delinquent management expenses of the instant aggregate building is as follows.

Article 6 (Rights and Duties of Sectional Owners) A sectional owner shall have the following rights and duties:

5. Obligations to bear the management costs, etc. required for the maintenance and management of a building (Succession to rights and obligations) to this Code shall be automatically succeeded to the successor to the status of the owner due to a change in ownership on the registry.

Article 9 (Rights and Duties of Possessor)

2. The possessor shall have the same obligation to be borne by the sectional owner in relation to the use of the building, site or annex facilities according to the regulations or the meeting of the management body and the resolution of the representative committee;

Article 10 (Joint and Several Obligations) Liability such as management expenses, etc. which a sectional owner or possessor bears to a management body or manager shall be jointly and severally liable by the relevant sectional owner or possessor.

Article 47 (Details of Management Expenses) The details of management expenses shall be as follows:

1. Expenses for electricity, gas, water supply and sewerage, heating and cooling, mutual assistance, etc. used directly by a sectional owner, etc., and various expenses classified by sectional owner, such as taxes and public charges, buildings, fire insurance premiums, charges for causing traffic congestion, and charges for public

2.1Common expenses. 1. Electricity, water supply and drainage, heating and cooling, mutual assistance, cleaning, cleaning, guide, broadcasting, exchange, duty, safety management of common areas.