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(영문) 서울동부지방법원 2019.05.22 2018가합108252
관리비
Text

1. The Defendant’s KRW 172,520,860 among the Plaintiff and KRW 172,298,590 among the Plaintiff, shall be from January 25, 2018, and KRW 22,270.

Reasons

1. Basic facts

A. The Plaintiff is a company that is entrusted with the authority to impose and collect management fees by concluding an entrustment contract with the D management body comprised of all sectional owners of the D’ Condominium in Gwangjin-gu Seoul Special Metropolitan City (hereinafter “instant condominium building”).

B. On January 3, 2018, the Defendant received 17th E and F from the instant building (hereinafter “instant real estate”) from a successful bid in a voluntary auction procedure and completed the registration of ownership transfer.

C. Of the management body bylaws of this case, the parts relating to this case are as follows.

The rights and obligations under this Code shall be automatically succeeded to the person who succeeds to the status of the owner due to the change of ownership on the register, Article 7 (Succession to Rights and Duties) of the Management Body Regulations.

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. Common costs (1) Article 48 (Calculation, Imposition, and Collection Method of Management Expenses).

1. The management expenses shall be calculated and notified by the manager as the actual expense settlement system according to the following standards and calculation methods, and the sectional owners, etc. shall pay the management expenses to be borne each month in accordance with the method of payment determined by

(1) Among the direct costs referred to in Article 47 (1), the measurable part shall be based on the inspection of measuring instruments, and the measurable part shall be calculated in accordance with the standards separately prescribed by the management regulations.

(2) Common costs under each subparagraph of Article 47 (2) shall be calculated by allocating them according to the final ratio of the area of sale by sectional owners, etc.

G Co., Ltd., the previous owner of the instant real estate, before the change on June 1, 2016: H.

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