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(영문) 인천지방법원 2020.01.16 2018가단235827
관리비
Text

1. The Defendant’s KRW 54,906,621 as well as the Plaintiff’s KRW 15% per annum from August 30, 2018 to May 31, 2019.

Reasons

1. Facts of recognition;

A. The Plaintiff is a management body A which manages A’A’s ground (hereinafter referred to as the “instant aggregate building”) on four lots, other than Seo-gu Incheon, Seo-gu, Incheon, which falls under the aggregate building under the Act on the Ownership and Management of Aggregate Buildings (hereinafter referred to as the “Aggregate Buildings”), and the Defendant is the owner who received the registration of ownership transfer from the former owner F for the said A’s ground for sale on March 6, 2018 with respect to the No.1 story E 438.99 square meters (hereinafter referred to as the “instant building”).

B. The Plaintiff imposes management expenses for common areas of the instant condominium on the sectional owners of an aggregate building at the ratio of their exclusive ownership. From July 2015 to August 2015, the details of the management expenses for common areas imposed on the owner of the instant building and the co-owner of the common areas, which were not paid, are the aggregate of 64,906,621 won as shown in the attached Table.

C. G, a lessee of the instant building, paid KRW 10,000,000 as part of the overdue management expenses to the Plaintiff during the instant lawsuit pending.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap 1 through 14 (including each number, if any) and the purport of whole pleadings

2. Article 17 of the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Act on the Ownership and Management of Aggregate Buildings”) provides that “Each co-owner shall bear the management costs of the section for common use and other obligations according to the ratio of his/her share, unless otherwise specified by the regulations,” and Article 25(1) of the same Act provides that “The manager shall have the authority and duty to claim and receive the cost of the management for the preservation, management and alteration of the section for common use, the sharing costs and expenses for the performance of the management body’s affairs, and to manage the money to

According to this, the management body under the Act on the Ownership and Management of Aggregate Buildings does not have a valid management body regulation on the collection of management expenses, even if there is no management body regulation.

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