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(영문) 의정부지방법원 2017.11.17 2016나5994

관리비

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1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

A. The Plaintiff is a stock company with the purpose of real estate sale and lease business, department store business, etc., and is the manager of the 6th underground floor and the 9th ground-based building (hereinafter “instant commercial building”) in Gyeyang-gu, Gyeyang-gu, Gyeyang-gu, and the business entity operating the “D store” in the instant commercial building. The Defendant is a sectional owner of the 2nd floor 2100 and 19.34 square meters (60 square meters and 60.34 square meters; hereinafter “instant store”).

B. By September 2003, according to the agreement with the sectional owners of the instant commercial building including the Defendant, the Plaintiff imposed management fees on the title as “management expenses” and “distribution promotion expenses” that mean all public charges, such as electricity, water supply and drainage, heating and gas charges, expenses, parking management, cleaning, facility repair, inspection, repair, remodeling, restoration, removal, etc. of facilities, common areas, etc., and advertising expenses for the instant commercial building. Since September 2003, the Plaintiff did not reach an agreement on the imposition of management expenses, and the Plaintiff imposed management expenses according to the previous agreement.

C. Some sectional owners paid only part of the amount imposed as management expenses to the Plaintiff as management expenses, and the Defendant did not pay management expenses imposed from December 2009 or paid only part of them.

Meanwhile, the annual average management expenses of each of the stores of this case are as shown in the attached Table “year” column. The management expenses imposed by the Plaintiff on the Defendant from December 2, 2009 to July 2015 according to the above ordinary party management expenses are KRW 137,229,052 as stated in the attached Table “amount imposed” column. The management expenses paid by the Defendant to the Plaintiff during the above period are KRW 54,606,311 as stated in the attached Table “amount paid” column. The management expenses unpaid to the Plaintiff during the above period are KRW 82,622,741 as stated in the attached Table “amount payable” column.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. The cause of the action.