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(영문) 인천지방법원 2016.07.01 2014가합1139

용역비

Text

1.(a)

Defendant C, as to the Plaintiff, KRW 113,495,553, and KRW 33,976,690 among them, shall be from January 11, 2014, and KRW 12,736.

Reasons

1. Basic facts

A. The Plaintiff shall perform duties concerning the management of buildings, imposition and collection of management expenses, etc. as a management body comprised of sectional owners of neighborhood living facilities located in the building located in Nam-gu Incheon Metropolitan City (hereinafter “instant aggregate building”) including real estate listed in attached Table 1 (hereinafter “instant real estate”).

B. The Plaintiff’s management rules that have effect since 2006 include the following:

1) The sectional owner refers to the owner of the instant aggregate building, which is the object of sectional ownership, and is the one who has a sectional owner's objection to the instant aggregate building, and is the one who has occupied and uses the instant aggregate building. 2) The sectional owner shall faithfully comply with this Code and shall have the one who has occupied the exclusive ownership, but is not the sectional owner, comply with the provisions of this Code.

3) This Code provides that sectional owners, users, and third parties entrusted with the management thereof and that users, including lessees, have the same obligation as to the method of the use of the object under this Code. 4) Section owners shall pay the management expenses and special repair expenses to the management office in order to meet the expenses incurred in the management of the object.

5) The manager, etc. may exercise the claim, such as management expenses, even to a specific successor of a sectional owner (Article 16) (Article 16). The management body shall be composed of all sectional owners.

The manager may collect management expenses, exclusive use fees, etc. from a sectional owner by automatic transfer, land transfer, or other appropriate means on the fixed date of each month, and if a sectional owner fails to pay the amount that he/she should pay by the deadline, the manager may request the sectional owner to add additional charges on the unpaid amount, and if the management expenses, etc. are not paid twice or more, the manager may take other appropriate measures, such as suspension

C. Defendant B on July 19, 201