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(영문) 서울동부지방법원 2020.03.06 2018가단121319
관리비
Text

1. The defendant and the defendant (the succeeding intervenor) jointly and severally provide for KRW 31,325,521 to the plaintiff as well as for the aforementioned amount from June 5, 2018 to June 2020.

Reasons

1. Facts of recognition;

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

B. On February 21, 2018, the Defendant and the Defendant (Successors) completed the registration of ownership transfer for each of the 17th floor F of the instant aggregate building (hereinafter “instant real estate”) and 1/2 shares of the instant aggregate building due to voluntary auction.

The Defendant (Successor Intervenor) completed a share transfer registration made on July 23, 2018 with respect to the instant real estate and the shares of each of the instant subparagraph G from the Defendant on July 26, 2018, on the grounds of sale on July 23, 2018, thereby becoming the sole owner of the instant real estate and the instant subparagraph G.

(hereinafter referred to as “Defendant side” in combination with Defendant and Defendant (Successor).

The provisions pertaining to the management organization rules of the aggregate building of this case and the collection of delinquent management expenses are as follows.

Article 6 (Rights and Duties of Sectional Owners) A sectional owner shall have the following rights and duties:

5. Obligations to bear the management costs, etc. required for the maintenance and management of a building (Succession to rights and obligations) to this Code shall be automatically succeeded to the successor to the status of the owner due to a change in ownership on the registry.

Article 9 (Rights and Duties of Possessor)

2. The possessor shall have the same obligation to be borne by the sectional owner in relation to the use of the building, site or annex facilities according to the regulations or the meeting of the management body and the resolution of the representative committee;

Article 10 (Joint and Several Obligations) Liability such as management expenses, etc. which a sectional owner or possessor bears to a management body or manager shall be jointly and severally liable by the relevant sectional owner or possessor.

Article 47 (Details of Management Expenses) The details of management expenses shall be as follows:

1. Direct costs;

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