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(영문) 서울중앙지방법원 2016.08.19 2015나73875
관리비
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.

Reasons

1. Facts of recognition;

A. The Plaintiff is entitled to the Act on the Ownership and Management of Aggregate Buildings (hereinafter “the Aggregate Buildings Act”) for the purpose of implementing a project for the management of Seocho-gu Seoul (hereinafter “the instant building”) which is an aggregate building under the partitioned ownership of 131 persons holding a sectional ownership.

A) A managing body established pursuant to the Act. The Defendant is the sectional owner of the instant building that acquired the ownership of No. 104 of the first underground floor (hereinafter “Defendant-owned building”) among the instant buildings on January 21, 2005.

B. At the time of the Defendant’s acquisition of ownership of the building owned by the Defendant, the management rules were not set for the instant building, and the administrator was not appointed.

Therefore, the sectional owners of the instant building have concluded an individual management contract with the management company called the “A management headquarters,” and have been in charge of the management of the instant building, the imposition and collection of management fees, etc.

On March 23, 2006, the Defendant also entrusted the management of the building owned by the Defendant to the above management company and the above management company, and entered into a management agreement with the payment of management expenses (hereinafter “instant management agreement”). The instant management agreement includes the following:

Article 3 (Management Expenses) Management expenses shall be classified into general facilities management expenses, public utility charges, heating and cooling expenses, other repair and maintenance expenses, etc. and the payment shall be made monthly in the sum of general management expenses, public charges, various expenses,

2. The management expenses of officetels and leased shops shall be calculated at the actual expenses, and in accordance with the notification of “A (referring to the management company)”, “B (referring to the defendant who is the sectional owner)” shall be paid.

(4) In cases where the management expenses under Article 10(1) of the Management Regulations are overdue, the late payment charges and the management expenses under Article 10(2) of the Management Regulations shall be calculated from the day following the date of additional payment and paid together.

7.B Articles owned by B.

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