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(영문) 수원지방법원 2018.01.18 2017나62495
관리비
Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiff KRW 4,324,220 and KRW 3,73,700 among them.

Reasons

1. The following facts are not disputed between the parties, or each entry in Gap evidence 1-1-2, Gap evidence 12-12, and Eul evidence 1-1 are admitted, with a comprehensive view to the purport of the whole pleadings. A.

The plaintiff is the council of occupants' representatives comprised of the occupants of Yongsan-si C Apartment, and the defendant is the owner of the above apartment No. 702, 1301 (hereinafter "the apartment of this case"), among the above apartment, pursuant to the management rules of the above C Apartment (Evidence No. 1-1 and hereinafter "the management rules of this case"), the "occupant" refers to the owner of multi-family housing or his/her spouse, lineal ascendant or descendant representing the owner of the apartment.

(Article 3(1)(3).

B. The apartment of this case was in a state after the former lessee D and E removed on June 3, 2013, and the defendant is refusing to pay the management expenses for the apartment of this case from June 2013 to the time the previous lessee removed from the court of first instance was closed. The unpaid management expenses incurred for the apartment of this case from March 1, 2014 to November 17, 2016 are KRW 3,73,700 in total, and the late payment charges are KRW 590,520 in total.

C. Of the instant management rules, the provisions on the obligations of occupants are as follows:

Article 13 [Duties of Occupants, etc.] (1) In addition to the matters prescribed by the Housing Act and subordinate statutes, occupants, etc. shall have the following duties for the maintenance of order of communal living, the improvement of residential life, and the maintenance and management

1. Obligations to comply with relevant regulations;

2. Duties to use the exclusive use section only for residential purposes and duties to use it appropriately for the relevant use;

3. The duty to use, preserve and maintain all kinds of facilities with due care as a good manager;

4. Obligation to observe communal order.

5. A management authority's duty to cooperate in measures, such as restricting the use or repairing as a result of the safety inspection or diagnosis thereof.

6. Duties to comply with safety rules for the use of facilities and to cooperate in the control of construction sites, etc.;

7. Other.

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