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(영문) 서울동부지방법원 2017.12.07 2016가단21682
관리비
Text

1. The Defendant’s annual interest in KRW 21,447,084 and KRW 18,098,683 among the Plaintiff, from August 2, 2017 to December 7, 2017.

Reasons

1. Facts of recognition;

A. The Plaintiff is a manager entrusted with the management duties of the instant condominium and delegated with the authority to collect management fees by the management body, which is composed of all sectional owners of the Seoul Gwangjin-gu Condominium Building (hereinafter “instant condominium”).

B. On October 22, 2015, the Defendant completed the registration of ownership transfer for the 7th floor D of the instant condominium building (hereinafter “instant store”) on October 12, 2015 due to the sale due to the voluntary auction conducted on October 12, 2015.

C. The provisions of the management body rules relating to the instant aggregate buildings are as follows.

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

5. The rights and obligations under Article 7 (Succession to Rights and Obligations) shall automatically be succeeded to the person who succeeds to the status of the owner due to a change in ownership on the registry.

Article 50 (Administrative Fines such as Management Expenses)

1. If a sectional owner, etc. fails to pay management expenses under Article 47 by the designated payment deadline, he/she shall pay 5/100 of the amount in arrears plus the late payment fees every month after the expiration of the payment deadline;

With respect to the store in this case, management expenses were overdue from May 201, 201. From May 201 to October 2015, 14,158,654 won [the aggregate of management expenses for common areas from May 2011 to October 2015] as shown in the attached Form: 13,083,313 late 1,075,341 won (the amount calculated by 6% per annum from February 26, 2016 to July 10, 2017). The Defendant’s aggregate management expenses from November 26, 2015 to June 2, 2017 are management expenses (=5,015,015, 370 won, 207, 2063, 60).

[Ground for Recognition: Facts without dispute, Gap evidence 1 through 3, Gap evidence 5 and 10, the purport of the whole pleadings]

2. Determination

A. The above facts are acknowledged when the management expenses are paid.

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