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(영문) 수원지방법원 2017.05.10 2016가단540003
관리비
Text

1. The Defendant’s annual interest in KRW 22,239,078 and KRW 21,265,091 among the Plaintiff, from July 6, 2016 to April 25, 2017.

Reasons

1. Evidence 【A, A2, A3, A4, A5-1 through 5, A7, A8-1 through 7, A9, and the purport of the whole pleadings

A. B prosperity is an organization consisting of shop occupants, etc. (in braille, lessee, and lessor) in order to manage and operate the Suwon-gu B commercial building (hereinafter “instant commercial building”), to enhance their common interests, and to secure a good commercial environment.

According to the B Subdivision management rules, the tenant shall pay the monthly management expenses and the special repair reserve (Articles 3, 8, and 21), the tenant shall pay the overdue charge at the rate of 3% per annum if the tenant fails to pay the management expenses (Article 22(2) and attached Table 2), and the final liability shall be reverted to the sectional owner if the tenant fails to pay the management expenses (Article 22(3)). On the other hand, the B prosperity agreed to pay the Plaintiff KRW 2,100 per square year (the supplied area) to the general management expenses, regardless of whether the tenant has made a public office or not.

B. On October 1, 2004, the Plaintiff entered into a service contract with the contents that the Plaintiff would have been entrusted to the Plaintiff during the service period from October 1, 2004 to September 30, 2006 with regard to the expenses for the business center in this case, cleaning, maintenance and repair of ancillary facilities, collection of management expenses and fees, deposit, use, and payment of public charges, etc., and the service contract was automatically extended.

C. The Defendant completed the registration of ownership transfer on July 28, 2004 for B 402 of the instant commercial buildings (hereinafter “instant sectioned building”).

On the other hand, C uses the 4th floor of the instant commercial building as one store to impose individual electricity charges on the use of electricity as 401 in a lump sum. Since the removal of C around the end of August 2013, the individual electricity charges were imposed on the instant sectional building.

The plaintiff sent a monthly notice of payment of management expenses to the defendant or lessee in accordance with the service contract and claimed the payment of management expenses.

The defendant's unpaid management expenses shall be the same as the attached Form.

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