logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.09.26 2015나19390 (1)
관리비
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be cancelled.

Reasons

1. Facts of recognition;

A. The Jongno-gu Seoul Metropolitan Government (hereinafter “instant building”) is an aggregate building consisting of all sectional owners of the instant building under the Act on the Ownership and Management of Aggregate Buildings (hereinafter “the Aggregate Buildings Act”) and is a management body established by consisting of all sectional owners of the instant building under the said Act.

B. The Defendant is a sectional owner of the second floor B of the instant building (hereinafter “instant store”).

C. Article 21 of the Management Rules of the instant building (hereinafter “Management Rules”) provides that “When profits accrue due to the use of common areas, an administrator shall allocate them according to the ratio fixed by the sectional owner, etc. at the time of settlement of accounts for the fiscal year, and in this case, offset against the management expenses borne by the sectional owner, etc. according to the resolution of the Representative Committee.” Article 52 provides that “If the sectional owner, etc. fails to pay the management expenses by the due date set by the manager, etc., the manager shall pay 5% of the delinquent amount by adding them as arrears every one month after the due date, and if the management expenses are not paid for more than two months, measures such as fraction, closure, etc. may be taken by a resolution

(The management rules of this case were adopted through legitimate resolution at the inaugural general meeting of the management body held on May 14, 2005, and the representative representative of the plaintiff was also appointed lawfully).

The Plaintiff calculates the management expenses for the instant building and imposes them by the due date for payment from November 2004 to February 2012. ① The total amount of the management expenses imposed by the Defendant with respect to the instant store from November 2004 to February 2012 is KRW 1,613,970, the total amount of late payment charges is KRW 2,640,960, the total amount of late payment charges is KRW 75,930, and the total amount of unpaid management expenses after the due date is KRW 4,30,860.

(2)

arrow