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(영문) 창원지방법원 2017.05.18 2016가단15528
관리비
Text

1. The Plaintiff, Defendant B, and Defendant C, KRW 5,045,130, and each of the said money, shall be repaid from February 19, 2017.

Reasons

1. Indication of claim;

A. Defendant B is the owner of the store No. B119, and Defendant C is the one who is obligated to pay the management expenses for commercial buildings as the owner of the store No. 309.

On the other hand, A's management rules stipulate the duty to pay management expenses, and the main contents thereof are as follows:

Article 49 (Matters to be Observed by Unoccupantd Shop Owners)

1. The owner may not be exempted from the liability for the payment of management expenses calculated by the merchants' association even if he/she does not operate a commercial building;

2. The payment of management expenses shall be made jointly and severally by both parties when transferring the ownership of unregistered braille;

3.At the time of transfer of filled braille, paragraph 2 above shall apply.

Article 50 (Management Expenses)

1. The occupants shall bear the expenses for water supply and sewerage systems, electricity charges, cleaning service charges, building operation expenses, expenses for building operation, expenses for office operation, maintenance expenses, operating expenses of various levels of meetings, and personnel expenses for personnel as management expenses;

B. Defendant B did not pay KRW 5,714,090 for management expenses from December 2, 2001 to March 201, 201, and KRW 5,045,130 for Defendant C from September 2002 to August 2015.

2. Judgment by service (Article 208 (3) 3 of the Civil Procedure Act).

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