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(영문) 서울중앙지방법원 2019.05.13 2018가단5230666

관리비

Text

1. The Defendant’s KRW 27,402,570 as well as 5% per annum from March 12, 2019 to May 13, 2019 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a management body established pursuant to Article 23(1) of the Act on the Ownership and Management of Aggregate Buildings for the management of building A in Jung-gu Seoul Metropolitan Government (hereinafter “instant building”). The Defendant is the owner of the fifth floor E of the instant building (hereinafter “the instant sectioned shop”).

B. Around January 2015, the Defendant leased the instant sectioned stores to F. The F, who operated a store at the said sectioned stores, discontinued the operation of the store from May 2015. Accordingly, the instant sectioned stores were in the state of merit from around that time to August 2018.

C. 1) Of the Plaintiff management rules, the parts relating to the instant case are as follows:

2. Article 21 [Joint and Several Obligations] Possessors of Article 21 (Joint and Several Obligations) are jointly and severally liable for all the expenses, such as management expenses to be incurred in the preservation, management, and operation of this building, management expenses, repair allowances, development expenses necessary for the improvement of commercial buildings and the activation of business, and expenses to be borne by the management body in accordance with the regulations determined by this Act or the management body.

Article 65 [Liability for the Payment of Management Expenses] Management expenses shall be liable for the payment by the person who directly occupies and uses the building, etc., and the sectional owner of the building shall be liable for the payment.

Article 66 (Contents of Management Expenses) Details of Management Expenses are as follows:

1. Expenses for electricity, gas, water supply and sewerage, heating and cooling, mutual assistance, etc. used directly by occupants, etc., and all the charges to be borne by each individual, such as taxes and public charges, buildings, fire insurance premiums, charges for causing traffic congestion, and

2. Common expenses:

(a) All expenses required for the electricity, water supply and drainage, heating and cooling, mutual assistance, cleaning, cleaning, guidance, broadcasting, welfare for safety management, etc. of the section for common use;

(b) Repair, remodeling, restoration, removal of the section for common use, and operation, inspection, repair, maintenance, etc. of the facility;