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(영문) 서울서부지방법원 2018.01.18 2017나3011
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..

Reasons

1. Facts of recognition;

A. In order to manage and operate the site and building A of Mapo-gu Seoul Metropolitan Government building (hereinafter “instant building”), the Plaintiff is a management body comprised of all sectional owners pursuant to the Act on the Ownership and Management of Aggregate Buildings, and managed the instant building, and imposed and collected management expenses on the occupants.

B. The Defendant was the sectional owner of the instant building B1057-14 (hereinafter “instant commercial building”). On April 8, 2014, an auction procedure was commenced on the instant commercial building and sold to a third party on August 27, 2017.

C. On August 2015, the Defendant entered into a lease agreement with Korea design, gallon limited liability company (hereinafter “foreign company”) and the instant commercial building by setting the lease period from August 15, 2015 to August 14, 202.

The sum of the management expenses and late payment charges incurred from July 1, 2015 to March 31, 2017 of the instant commercial building is KRW 3,292,820 (hereinafter “instant management expenses”).

E. Article 75(2) of the Plaintiff’s Management Rules provides that “A sectional owner shall pay management expenses necessary for the maintenance and management of an aggregate building to the management body,” and Article 75(3) provides that “A possessor shall be jointly and severally liable with a sectional owner for the management expenses incurred during the period of occupation of

[Ground of recognition] Facts without dispute, Gap evidence 1 through 10, Eul evidence 2, the purport of the whole pleadings

2. According to the above facts of recognition, the defendant is obligated to pay to the plaintiff the management fee of this case 3,292,820 won and damages for delay calculated at the rate of 15% per annum from June 3, 2017 to the day of full payment, which is the day following the delivery of a copy of the application for modification of claim of this case, as requested by the plaintiff.

As to this, the defendant agreed to pay the management expenses incurred from July 2015 to the non-party company, the lessee of the commercial building of this case.

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