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(영문) 수원지방법원 2019.04.23 2018나4328
관리비
Text

1.The judgment of the first instance, including the claims extended in the trial, shall be modified as follows:

The plaintiff's claim.

Reasons

1. Facts of recognition;

A. Around February 2014, the Plaintiff entered into a contract with a seller and a truster of an officetel to be entrusted with the management of the officetel.

The above management entrustment contract shall be determined as follows:

Article 4 (Management Expenses) (3) The overdue charge under the Management Rules shall be collected for the delinquent management expenses of the occupants, and the overdue charge shall be collected for at least three months in accordance with the decision of the Management Rules.

Article 9 (Bearing of Expenses for Officetel Management) The owner of all the management costs of an office is the tenant, and the plaintiff shall pay or pay the expenses incurred in the following circumstances directly by the management office, imposing and collecting all the expenses as contributions (deposit for management expenses) and management expenses:

In addition, Article 13 of the Management Rules of Condominium of the above Officetel provides for the following:

Article 13 (Duties of Occupants, etc.) (2) Where the owner rents an officetel or commercial building which is his/her owner to the user, the relevant owner shall be responsible for the overdue portion of management expenses, user fees, etc. (exclusive and common areas).

B. The Plaintiff asserted that the Defendant did not pay management expenses during the period of residence in the above Officetel D (hereinafter “the instant Officetel”), and that the Plaintiff filed the instant lawsuit seeking the payment of the overdue management expenses of KRW 1,006,190 from April 2016 to October 2016, and the delayed payment damages thereof, and received the judgment of the court of first instance accepting the Plaintiff’s claim in full.

C. As to this, the Defendant appealed, and the Plaintiff sought payment of the overdue management expenses of KRW 4,331,780 from April 201 to April 16, 2018, and damages for delay. The purport of the claim was expanded.

On August 1, 2018, the Plaintiff: “E, the owner of the instant officetel, was the owner of the instant officetel, and the Defendant completely paid the unpaid management expenses, thereby withdrawing the instant lawsuit.”

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