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(영문) 부산지방법원 2020.02.13 2019나2541
관리비
Text

1. As to the principal lawsuit in the judgment of the first instance, including the Plaintiff-Counterclaim Defendant’s claim for principal lawsuit expanded by this court.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. The Plaintiff is a management committee consisting of 22 residents of the total number of 22 households (19 households and 3 households of multi-family housing) of the 22-family building ABD, which is the Busan Geum-gu land condominium (hereinafter “instant building”). The Defendant leased the above No. D from E, the owner of the instant building, to the present date, and is operating the restaurant.

B. Among the management rules on the instant building (hereinafter “instant management rules”), the main contents relevant to the instant case are as follows.

In principle, the following matters of the details of resolution under Article 11 shall be resolved at an extraordinary general meeting or at an ordinary general meeting:

(Sev. omitted).

The quorum of Article 12 of the election of the next senior executive officer shall be decided with the consent of a majority of at least a majority of the members per household.

One household shall be comprised of one owner, and in principle, the tenant may also participate.

Provided, That even if two or more households are owners, the voting right shall be considered one person.

Article 13 (Composition and Calculation Method of Management Expenses) (1) All joint management expenses shall be distributed and paid.

(2) Fees for elevator usage shall be excluded from only one floor, such as common electricity charges, septic tanks, cleaning costs, water tank cleaning costs, office costs, maintenance and repair costs, fuel costs, miscellaneous expenses, printing costs, communication expenses, transportation expenses, travel expenses, consumable expenses, welfare expenses, service personnel expenses, cleaning expenses, cleaning expenses, disinfection expenses, elevator maintenance and repair expenses, color expenses, etc.

(3) The owner of a building shall distribute and pay joint management expenses even in a non-resident city due to the lack of tenant.

(4) A lessee shall verify the unpaid relationship of management expenses in the management office, and where there is any unpaid management expenses, he/she shall settle the management expenses and conclude a lease contract to the building owner.

Article 14 (Late Payment Rates) The late payment charges of 5% shall be collected after the payment period expires.

(2) In cases of long-term arrears for not less than three months, notice may be posted on the bulletin board and measures, such as power failure and suspension may be taken.

(3) An occupant;

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