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(영문) 서울중앙지방법원 2014.11.04 2014나16691

관리비

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1. Purport of the claim.

Reasons

1. Basic facts

A. The Plaintiff is a management body under the Act on the Ownership and Management of Aggregate Buildings (hereinafter “the Aggregate Buildings Act”) composed of sectional owners of Seocho-gu Seoul Metropolitan Government Building C (hereinafter “the instant building”), and the Defendant is a sectional owner of the first floor of the instant building No. 1130 square meters (13.16 square meters of the area of the exclusively owned part; hereinafter “the stores before the instant integration”).

B. Around September 2002, a considerable part of the first floor of the instant building began with walls, ceilings, etc. of multiple partitioned stores, including the part owned by the Defendant, including the part owned by the Defendant. Around 1,695.86 square meters (hereinafter referred to as a "water supply site") of the exclusive ownership area and approximately KRW 2,813.22 square meters (hereinafter referred to as a "water supply site") of the jointly owned area, and remains in the form of a private house by up to now.

C. Meanwhile, Article 10 of the Plaintiff’s Management Regulations provides that “The obligations, such as management expenses, etc. that the sectional owner or possessor bears to the management body shall be jointly and severally liable by the relevant sectional owner, etc.,” and Article 63 provides that “The direct expenses out of the management expenses shall be calculated based on the inspection of measuring instruments, the measurement of which is measurable, and the portion which is impossible to take measurements shall be calculated based on the standards separately stipulated in the management regulations, and the common expenses shall be calculated based on the distribution at the ratio of

[Ground of recognition] Facts without dispute, Gap 1, 4, 5, Eul 9 and 13, and the purport of the whole pleadings.

2. Determination as to the cause of claim

A. The Plaintiff’s assertion is a sectional owner of the instant building, who is obligated to pay the Plaintiff the prescribed management expenses pursuant to Article 10 of the Plaintiff’s Management Rules. However, from February 2, 2011 to June 2012, 201, the Defendant did not pay management expenses of KRW 3,304,00 in total, KRW 3,304,00 and the principal amount of KRW 2,598,630,630.