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(영문) 광주지방법원목포지원 2020.09.09 2019가단54406

관리비

Text

1. The Defendant shall pay to the Plaintiff KRW 67,484,450 and the interest rate of KRW 12% per annum from October 24, 2019 to the day of full payment.

Reasons

1. Basic facts

A. On January 11, 2012, C Co., Ltd. (hereinafter “C”) completed each registration of the transfer of ownership with respect to Section 3 E, 4th floor F, and 5th floor G (hereinafter “instant commercial building”) among the buildings located in Seoul-do, Chungcheongnam-do, an aggregate building (hereinafter “instant building”).

B. On November 1, 2014, the management rules of the instant building (hereinafter “instant regulations”) were established around 23 persons among the 23 sectional owners of the instant building, and around 4,709.71 square meters of the total area of 5,315.66 square meters, among the 23 square meters of the sectional owners of the instant building, around November 1, 2014.

Article 54 (Deposit for Management Expenses and Succession) Item 5 of the Code of this case provides that the management expenses for the portion of the common use shall be calculated according to the exclusive use area ratio, and Article 54 (Deposit for Management Expenses and Succession) of the Code of this case provides that "the delinquent management expenses for

C. The Plaintiff was established for the purpose of efficient operation and management of the instant building, and is in charge of collecting management fees, etc. for the instant building according to the instant regulations.

The Plaintiff filed an application for provisional attachment as the claim amounting to KRW 38,366,100, total amount of the claim amount, such as unpaid management expenses, with respect to the instant commercial building C. On September 27, 2016, the Seoul District Court rendered a decision on provisional attachment of the instant commercial building (hereinafter “provisional attachment”) from the above court on September 27, 2016, and the provisional attachment registration of each of the instant commercial buildings was completed on the same day.

E. On February 7, 2019, the Defendant completed each registration of transfer of ownership for the instant commercial building on the grounds of sale by voluntary auction, and on the same day, the registration of provisional seizure in this case was cancelled on the grounds of sale by voluntary auction.

F. The Plaintiff imposed the Defendant on the instant commercial building as indicated in the table below (e.g., management fee for February 2019), but the unpaid portion for public use.