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(영문) 수원지방법원안산지원 2020.05.15 2019가단57230
관리비
Text

1. The Defendant’s 41,213,050 as well as 5% per annum from May 9, 2019 to May 15, 2020 to the Plaintiff.

Reasons

1. Basic facts

A. On September 9, 2004, the Plaintiff entered into an entrustment contract with the management committee of the management body of the aggregate building (hereinafter “the instant aggregate building”) and the management committee of the instant aggregate building (hereinafter “the instant aggregate building”) for a period of five years from September 9, 2004 pursuant to Article 40 of the Management Body Rules (the automatic extension on a two-year basis after the completion of the contract), which includes the imposition, collection, etc. of management expenses, and accordingly, performed management affairs of the instant aggregate building.

B. On November 12, 2018, the Defendant completed the registration of ownership transfer on January 2, 2018 with respect to the first floor D (hereinafter “instant real estate”) underground of the instant aggregate building on the ground of voluntary auction.

C. The main contents of the management body bylaws of the instant aggregate building are as follows.

The definitions of terms used in this Code under Article 3 (Definition of Terms) of the Regulations of the Management Body shall be as follows:

1. the term “ sectional owner” means a person who has sectional ownership in a C building;

2. The term “occupant” means a person who occupies the section of exclusive ownership in C building;

VII.(Succession to Rights and Obligations)The rights and obligations under this Code shall automatically be succeeded to the person who succeeds to the status of the owner due to the change of ownership on the register.

Article 10 (Joint and Several Obligations) The obligations such as management expenses to be borne by the sectional owners or occupants (hereinafter referred to as "sectional owners, etc.") to the management body or manager shall be jointly and severally borne by the relevant sectional owners, etc.

Article 40 (Appointment of Custodians)

2. The conclusion of a management contract following the appointment of an administrator shall be made by the operating committee and the administrator;

Article 47 (Contents of Management Expenses) The details of Management Expenses shall be as follows:

1. Expenses for electricity, gas, water supply and sewerage, heating and cooling, mutual assistance, etc. used directly by a sectional owner, etc., and various expenses classified by sectional owner, such as taxes and public charges, buildings, fire insurance premiums, charges for causing traffic congestion, and charges for public

2. The common expenses (1) The electricity, water supply and drainage, heating and cooling, mutual assistance in common areas.

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