관리비
1. Of the part concerning the principal lawsuit in the judgment of the court of first instance, the following amount exceeds the amount ordered to be paid (Counterclaim Plaintiff).
1. Basic facts
A. The Plaintiff is an organization established with the aim of carrying out the management business of the said commercial building by consisting of the business operators located in the Asico apartment in Yangsan-si (hereinafter “the instant commercial building”).
On November 27, 2003, the Defendant acquired the ownership of the said commercial building No. 131 (hereinafter “instant store”) and leased the said store to C from June 24, 201 for the purpose of warehouse.
B. Nos. 130, 132, 136, 137, and 138 of the commercial building of this case are the stores adjacent to the store of this case owned by the Defendant, and the said stores are carrying out business of a trade name, namely, “D User” in the said stores (hereinafter “this case’s complaint”).
C. Corridors between 125 and 130 of the commercial building of this case, corridors between 138 and 108, and the inner corridor between 101 and the adjacent entrance of 101 are the common areas of the commercial building of this case (hereinafter “the common areas of this case”), and the common areas of the commercial building of this case are installed in the partitions as shown in the attached Form 1.
In addition, five entrances of the first floor of the commercial building of this case are all installed, and among them, it cannot pass through the store of this case through the entrance of 101.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 2, 3, 6, 7 (including branch numbers if there are branch numbers; hereinafter the same shall apply), Eul evidence Nos. 1, 2, 6, 7, 16, or video, the result of on-site inspection by the court of a trial, the purport of the whole pleadings
2. Determination on the main claim
A. (1) The Plaintiff’s assertion is obligated to pay to the Defendant totaling KRW 638,702 won of the management expenses each month during the period from October 16, 201 to October 16, 2014 (hereinafter “period for requesting management expenses in this case”), as indicated in the management expenses item in attached Table 2, to the Defendant, but did not pay it. As such, the Defendant, as the owner of the instant store, is obliged to pay the Plaintiff totaling KRW 638,702 of the management expenses and the late payment charges totaling KRW 53,230 of the management expenses in this case and KRW 691,932.
(2) The defendant raises objection to the management expenses claim.